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Birth Defect Litigation

Some injuries are out of the parents in their control. Families may be left with huge debts when these injuries require costly procedures and special care.

A New York birth defect lawyer can assist parents who are stunned to file an action and receive compensation to cover future costs. However, the law places strict time limitations on the time a claim has to be filed.

Statute of Limitations

Modern technology and medical advances have helped to reduce the risks that come with childbirth and pregnancy. However, birth defects and injuries still occur. Families must consider their legal options if they are preventable.

Many birth defect claim defect lawsuits stem from allegations of medical malpractice. These lawsuits can result from mistakes committed by nurses or doctors staff at any time during pregnancy, labor and birth defect lawsuit. Additionally medical professionals may be guilty of medical malpractice following the birth of a baby in the event that they fail to provide proper care.

In general, the statutes of limitations in these cases are 2.5 years after the date of the medical mistake. The time limit may be extended for infants. It is essential to speak with a lawyer whenever you can to ensure that all evidence is gathered, and that a timely complaint be filed.

In addition to medical malpractice, a suit can also be brought on behalf of a baby for birth defects that result from wrongful toxic and chemical exposures that take place during the mother's pregnancy. Specially trained birth defect lawyers can investigate and bring these cases on behalf of the family.

When choosing an attorney to represent them in a birth injury or defect lawsuit, parents should look for the following qualities:

Medical Malpractice

Birth defects can cause numerous mental or physical problems. Some of them could be fatal. Some of these issues are inherited, while others are due to exposure to environmental factors or the use of prescription drugs during pregnancy.

A doctor or medical professional could be accused of malpractice when they cause birth defects through their actions or inaction. The majority of these cases are caused by medical negligence during delivery or labor. However, they could also include any act or inability to act that is in violation of a medical standard of care, for birth defect claim instance, failing to diagnose a condition or prescribing the wrong medication during pregnancy.

One example is involving teratogens. These drugs can result in birth defects that are serious. Doctors typically advise women to take this medication during pregnancy. It is used to treat seizures. If a woman who is pregnant is exposed to this medication, she must make a claim.

It is crucial to choose an attorney with prior experience in these types of cases. You should seek out an attorney who has extensive experience in this field. It also is based on contingency, meaning that you don't have to pay anything until you are successful. Also, search for a lawyer with strong communication and negotiation skills. This will ensure that your claim is filed before the time limit expires.

Prescription Drugs

Many birth defects can cause physical or mental disabilities that require expensive medical treatment and accommodations for the child. Often, these conditions are inherited, but a few of them can be caused by environmental or chemical exposure, or by medications the mother took while pregnant.

Drug makers are required to test their products thoroughly and warn consumers of any potential risks. Unfortunately, some pharmaceutical companies don't keep up with the latest research or fail to anticipate possible adverse effects. Additionally, doctors can prescribe dangerous medicines to their patients, and some women do not receive the correct information regarding the dangers of taking certain medications during pregnancy. These are known as teratogens and can cause birth defects in the fetus, including spina bifida.

Other substances that could cause birth defects are chemicals that are used in manufacturing and agriculture in addition to heavy metals, like mercury that are contaminating groundwater and air. Diane Paolicelli's career in law 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 defect lawsuit defects.

If you decide to file a lawsuit against the parties that are accountable for your child's health, it is important to gather as much evidence as you can. Included in this are ultrasound images and blood tests as well as medical bills incurred as a result. This helps the attorney establish the value of the case.

Product Liability

Pregnancy is among the most exciting and nerve-wracking events in a woman's lifetime. But it's also a time where many medical professionals make mistakes that could lead to birth defects. An experienced attorney can help parents in filing claims and getting the amount they deserve from those who are responsible for the impairment of their child.

While the causes of birth defect law defects are typically unknown to medical professionals however, many of them are linked to exposure to chemicals or environmental factors. This may include contact by parents with toxic chemicals at the workplace, for example solvents and glycol ethers used in semiconductor manufacturing and agricultural chemicals used for pesticides and spraying of crops.

In addition, the manufacturer and the people who prescribe prescription medications have a responsibility to warn people about the risks. A large portion of these drugs is marketed to women who are pregnant without warnings about the risk of birth defect. This is particularly true for antidepressants like Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. He focuses his practice on cases where birth defects result from parental exposure to toxic chemical, such as those used in semiconductor manufacturing or agriculture. He is a graduate from the American University in Washington, D.C. and Suffolk University Law School.