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Birth Defect Litigation

Some injuries are beyond the parents of their control. Families are left with a huge bill when injuries require costly procedures and special attention.

A New York birth defect lawyer can assist parents who are shocked to file a claim and get compensation to cover future expenses. However, the law places strict time limitations on when a claim must be filed.

Statute of Limitations

Modern technology and medical advances have aided in reducing the risks associated with pregnancy, childbirth and birth. However birth defects and injuries still occur. When they are preventable, families must consider their legal options.

Many birth defect suits are based on accusations of medical malpractice. These lawsuits can be based on mistakes committed by nurses or doctors at any point in the labor and delivery procedures. Medical professionals may also be negligent after the birth of a child in the event that they fail to provide appropriate treatment.

In general the statute of limitations in these cases is 2.5 years from the date of the medical mistake. The time limit can be extended for infants. It is essential to speak with an attorney immediately to ensure that all evidence is gathered and that a timely complaint can be filed.

In addition to medical malpractice, a lawsuit can also be brought on behalf of an infant for birth defects caused by wrongful toxic and chemical exposures that occur during the mother's pregnancy. Specially trained birth defect lawyers can investigate and defend these claims on behalf of the family.

Parents should consider the following aspects when choosing an attorney to represent their interests in a lawsuit filed for birth defects or injuries:

Medical Malpractice

Birth defects can trigger an array of mental or physical issues. Some birth defects can cause death. Some of these issues may be genetic while others are caused by exposure to environmental factors or prescription drugs used during pregnancy.

A doctor or medical professional may be accused of negligence when they cause a birth defect through their actions or inaction. The most common cases involve medical negligence during the birth or labor process. They also encompass any other do something that is below the standard of medical care, for example not diagnosing an illness or prescribing incorrect medication during pregnancy.

One such type of case is a medication known as teratogens, which could cause serious birth defects. Doctors typically advise women not to take this medication during pregnancy. It is used to treat seizures. If women are exposed to the drug then she should submit a claim.

It is crucial to select an attorney who has prior experience in these types of cases. Choose a law firm that specializes in this area and works on an on a contingency basis, meaning there is no cost unless you get the case won. Choose an attorney with outstanding negotiation and communication skills. This will help ensure that you make your claim in time before the statute of limitations expires.

Prescription Drugs

Many birth defects cause mental or physical disabilities that require costly medical treatment and accommodations for the child. These disorders are usually genetic, but they can also be caused by chemical or environmental exposure, or by medications taken by the mother during pregnancy.

Pharmaceutical manufacturers are required to adequately test their products and inform consumers of any potential risks. Sadly, some pharmaceutical companies do not keep up with the latest research or anticipate possible side effects. Some doctors recommend dangerous drugs to their patients and some women are not aware of the dangers associated with taking certain drugs while pregnant. These drugs, also known as teratogens, may cause birth defects, including spina-bifida, which is a birth defect in the fe.

Other substances that could cause birth defect law firm defects are chemicals used in the manufacturing and agricultural industries, and heavy metals like mercury, which affect groundwater or the air. Diane Paolicelli's legal career has been dedicated to fighting powerful corporations who expose women to toxic chemicals and substances that can damage their reproductive health or lead to birth defects.

When bringing lawsuits against the people accountable for your child's condition it is essential to gather as much evidence as possible. This includes ultrasound scans, birth defect lawyers blood tests, and medical bills that arise because of the birth defect. This will help the attorney determine the financial worth of the case.

Product Liability

Pregnancy is among the most thrilling and stressful times in a woman's life. It's also a time when medical professionals make mistakes that can lead to birth defects. A top attorney can assist parents in submitting claims and getting the money they deserve from those who are responsible for the impairment of their child.

While the causes of birth defects are generally unknown to medical experts however, a significant proportion are linked with exposure to chemicals or the environment. This can be due to exposure by parents to toxic chemicals at work such as glycol ethers and solvents in semiconductor manufacturing, as well as agricultural chemicals used in crop spraying and pesticides.

The manufacturers and the people who prescribe medications are also obliged to warn people about the dangers. However, a significant portion of these medications are sold off-label to women of childbearing age without warnings regarding the possibility of birth defects. This is particularly the case with antidepressants such as Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. He focuses his practice on cases involving the occurrence birth defects that result from exposure of parents to toxic chemicals, including those used in semiconductor manufacturing and agriculture. He is a graduate of the American University in Washington, D.C. as well as Suffolk University Law School.