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Birth Defect Litigation

Certain injuries are beyond the parents or their control. Families could be faced with a huge bill when injuries require costly procedures and specialized care.

A New York birth defect lawyer can help stunned parents file an appeal and obtain compensation to cover the cost of future expenses. However, the law has strict deadlines on the time a claim has to be filed.

Statute of Limitations

Modern technology and medical advancements have helped reduce the risks that come with childbirth and pregnancy. However birth defects and injuries still occur. Families should consider their legal options if they can be prevented.

Many birth defect litigation defect lawsuits are based on allegations of medical malpractice that occurred. These cases may involve mistakes made by doctors or nurses at any time during the labor and birth procedures. In addition medical professionals could be guilty of medical malpractice after the birth of a baby by failing to provide proper care.

In general, the statutes of limitations for these cases are 2.5 years from the date of the medical error. This time period may be extended for infants. It is nevertheless important to seek legal advice immediately to ensure that all evidence has been collected and that a timely claim be filed.

In addition to medical malpractice, a lawsuit could also be filed on behalf of an infant for birth defects caused by wrongful toxic and chemical exposures that take place during the mother's pregnancy. Specially trained birth defect lawyers can look into these claims and pursue them on behalf of the family.

Parents should consider the following characteristics when choosing an attorney to represent them in a suit for birth defect legal defects or birth injuries:

Medical Malpractice

Birth defects can lead to various mental and physical ailments. Some may even be fatal. Some of these issues could be caused by genetics and others may be caused by exposure to the environment or prescription medications taken during pregnancy.

A medical professional or doctor could be accused of malpractice if they cause birth defects by their actions or inaction. These cases usually involve medical negligence during the birth or labor process. However, they could also be a result of any action or Birth Defect litigation failure to act that is not in the range of a medical standard of care, like failing to diagnose a condition or prescribing the wrong medicine during pregnancy.

One example of this type of case involves a medication called teratogens, which can cause birth defect attorneys defects that are serious. When pregnant, doctors usually advise women to stay clear of this medication, which is commonly used in the treatment of seizures. If women are exposed to the drug then she must make an insurance claim.

It is crucial to select an attorney who is experienced in handling these types of cases. You should look for a firm with extensive experience in this field. It also is on contingency, which means you don't have to pay any fees until you win. Also, you should look for an attorney with excellent negotiation and communication skills. This will ensure that your claim is filed before the time limit expires.

Prescription Drugs

Many birth defects lead to physical or mental disabilities, which require expensive medical care and accommodations for the child. These conditions are often genetic, but they can also be caused by environmental or chemical exposure or medication taken by the mother during pregnancy.

Pharmaceutical manufacturers are required to test their products correctly and inform the public of any risks that could be present. Unfortunately many pharmaceutical companies do not keep up with the latest research or anticipate possible side consequences. In addition, doctors can prescribe dangerous medicines to their patients and some women do not receive adequate information on the risks of taking certain drugs during pregnancy. These drugs are known as teratogens and can cause birth defects within the fetus, such as spina Bifida.

Other substances that could cause birth defects are the chemicals used in the manufacturing and agricultural industries, as well as heavy metals like mercury that pollute groundwater and air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women chemicals and substances that could affect their reproductive health and lead to birth defects.

When filing lawsuits against the people who are responsible for your child's illness It is crucial to gather as much evidence as possible. Included in this are ultrasound images and blood tests as well as medical bills incurred as a result. This allows the attorney to determine the financial worth of the case.

Product Liability

Pregnancy is one of the most thrilling and stressful moments in a woman's life. It's also the time when medical professionals can make mistakes that can lead to birth defects. A top lawyer can assist parents in filing claims and getting the money they deserve from those responsible for the disability of their child.

While the causes of birth defects are usually unknown to medical experts but a large proportion of birth defect case defects can be attributed to environmental or chemical exposure. This can include parental exposure to toxic chemicals in the workplace such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used for spraying for crops and pesticides.

Manufacturers and those who prescribe medication are also obliged to warn the public about the risks. However, a significant portion of these drugs are offered off-label to women who are pregnant age, without warnings about the possibility of birth defects. This is especially relevant for antidepressants like Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth 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 employed in the manufacture of semiconductors or in agriculture. He is a graduate from the American University in Washington, D.C. and Suffolk University Law School.