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Birth Defect Litigation

Parents want perfect babies However, some accidents happen outside of their control. Families may be left with a large bill when injuries require expensive procedures and special treatment.

A New York birth defect attorney can assist parents who are grieving and file claims to obtain compensation for future expenses. However, the law imposes strict time limitations on when a claim needs to be filed.

Statute of limitations

Modern technology and medical advances have helped reduce the risks that come with childbirth and pregnancy. However birth defects and injuries do occur. If they're preventable, families should consider their legal options.

Many birth defect lawsuits stem from allegations of medical malpractice. These lawsuits can result from mistakes committed by nurses or doctors staff at any point during labor, birth and pregnancy. Medical professionals can also commit malpractice after the birth of a baby by failing to provide the correct treatment.

In general, the statutes of limitations in these cases are 2.5 years from the date of the medical malpractice. The time limit can be extended for infants. However, it is important to seek legal counsel as soon as possible to ensure that all evidence is obtained and that a timely claim be filed.

In addition to medical malpractice, a suit may also be filed on behalf of an infant for birth defects resulting from improper toxic and chemical exposures that occur during the mother's pregnancy. Lawyers specially trained in birth defects can investigate and defend these claims on behalf of the family.

When selecting an attorney for a birth injury or defect lawsuit parents should be looking for the following characteristics:

Medical Malpractice

Birth defects can lead to a variety of mental and physical problems. Some of them can be fatal. Some of these issues are caused by genetics, while others are caused by environmental exposures or the use of prescription medications during pregnancy.

A doctor or medical professional could be convicted of malpractice when they cause birth defect lawyers defects by their actions or inaction. Most cases involve medical negligence during labor or delivery. They can also include any other act which falls below a standard of medical care, like the failure to diagnose an illness or prescribing incorrect medication during pregnancy.

One such type of situation is a drug known as teratogens, which could cause birth defects that are serious. Doctors typically advise women to take this medication during pregnancy. It is used to treat seizures. If women are exposed to the drug, it is recommended that she submit an action.

It is essential to select an attorney with previous experience in these cases. You should choose an attorney with extensive experience in this field. It also is on contingency, which means you won't have to pay nothing until you win. Look for an attorney with great negotiation and communication skills. This will help ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

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

Pharmaceutical manufacturers are required to test their products correctly and warn the public of any potential risks. Unfortunately, some pharmaceutical companies fail to keep up with the latest research or anticipate the potential adverse effects. In addition, doctors can prescribe dangerous medications to their patients and some women do not receive adequate information on the dangers of taking certain drugs during pregnancy. These drugs, also known as teratogens, can cause birth defects, like spina-bifida that can occur in the fetus.

Other substances that could cause birth defects are chemicals used in manufacturing and agriculture and heavy metals such as mercury that are contaminating air or groundwater. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women to toxic chemicals and other substances that cause harm to their reproductive health and lead to birth defects.

If you decide to file an action against the parties accountable for your child's condition, it is important to gather as much evidence as possible. This includes blood tests, ultrasound images and medical bills that arose as a result of the birth defect. This helps the attorney establish the monetary worth of the case.

Product Liability

Pregnancy is one of the most thrilling and stressful experiences a woman can go through in her life. It's also the time when medical professionals make mistakes that can lead to birth defects. An experienced attorney can help parents in filing a claim and obtaining the money they deserve from those responsible for the disability of their child.

While the causes of birth defects are usually not understood by medical professionals however, a significant proportion are linked to exposure to chemicals or environmental causes. This can include exposure by parents to toxic chemicals at work, such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used for pesticides and crop spraying.

The pharmaceutical companies and those who prescribe medicines also have a duty to warn the public about the risks. However, a lot of these drugs are marketed off-label to women who are pregnant age without adequate warnings about the possibility of birth defects. This is particularly true for antidepressants such as Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in Birth Defect Lawsuit defect lawsuits against chemical and pharmaceutical companies. He concentrates his practice on cases where birth defects are caused by exposure to toxic chemicals by parents, such as those used in semiconductor manufacturing or farming. He graduated from American University in Washington, D.C. and Suffolk University Law School.