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Birth Defect Litigation

Some injuries are out of the parents of their control. If injuries that result from these accidents require special treatment and expensive procedures, it can leave families with huge expenses.

A New York birth defect attorney can assist parents who are shocked to file an appeal to be compensated for future expenses. The law has strict deadlines for when claims can be filed.

Statute of Limitations

Modern technology and medical advances have aided in reducing the risks related to pregnancy, childbirth and birth defect law. Birth defects and injuries continue to occur. If they're preventable, families need to explore their legal options.

Many birth defect suits are founded on allegations of medical malpractice that occurred. These cases can involve mistakes made by nurses or doctors staff at any time during labor, birth and pregnancy. Medical professionals may also commit malpractice after the birth of a baby by failing to provide the correct treatment.

Generally, the time-limit for these cases is 2.5 years from the date of the incident of medical malpractice. This time frame may be extended for infants. But, it is crucial to seek legal advice early enough to ensure that all evidence has been collected and that a timely claim be filed.

A lawsuit may be filed on behalf of a child to claim birth defects caused by toxic and chemical exposures during pregnancy. Specially trained birth defect lawyers can investigate and bring these cases on behalf of the family.

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

Medical Malpractice

birth defect lawsuit defects can lead to an array of mental or physical issues. Some of them may even be fatal. Some of these issues may be caused by genetics while others are triggered by exposure to the environment or prescription drugs taken during pregnancy.

A doctor or medical professional could be convicted of malpractice when they cause birth defects through their actions or inaction. These cases usually involve medical negligence during the birth or labor process. They can also be a result of any do something that is below the standard of medical treatment, for instance, failing to diagnose an illness or prescribing incorrect medication during pregnancy.

One of these cases involves teratogens. These medications can cause serious birth defects. During pregnancy, doctors typically advise women to avoid taking this medication, which is commonly used to treat seizures. If the woman is exposed to the drug, it is recommended that she make an insurance claim.

It is crucial to choose an attorney who has previous experience in these 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. Also, you should look for a lawyer with strong communication and negotiation skills. This will ensure that you file your claim before the statute of limitation expires.

Prescription Drugs

A variety of birth defects cause mental or physical disabilities that require costly medical treatment and accommodations for the child. These conditions are often caused by genetics, but can also be caused by environmental or chemical exposure or the use of medications by the mother during pregnancy.

Drug makers are required to ensure that their products are tested properly and warn consumers about any risks. Unfortunately certain pharmaceutical companies don't keep up-to-date with current research or fail to anticipate potential side consequences. Additionally, doctors can prescribe dangerous medications to their patients as well as some women do not receive the correct information regarding the risks of taking certain drugs during pregnancy. These drugs, known as teratogens, may cause birth defects such as spina-bifida in the fetus.

Other substances that can cause birth defects are chemicals used in the manufacturing and agricultural industries, and heavy metals like mercury that can contaminate groundwater or air. Diane Paolicelli's legal profession has been dedicated to combating powerful corporations that expose women to harmful chemicals and birth defect attorney substances that could affect their reproductive health or lead to birth defects.

It is essential to gather as much evidence as you can before filing a lawsuit against the party responsible. Included in this are ultrasound images, blood tests, and medical bills that are incurred due to. This information helps attorneys determine the value of the case.

Product Liability

Pregnancy is among the most thrilling and stressful times in a woman's life. It's also a time where many medical professionals can make mistakes that result in birth defects. A top attorney can help parents to file a claim against the medical professionals accountable for their child's handicap and obtain the amount of compensation they deserve.

Although the causes of birth defects are generally unknown to medical professionals, a significant number can be attributed to environmental or chemical exposure. This could include contact from parents with toxic chemicals at the workplace, such as glycol ethers and solvents used in semiconductor manufacturing and agricultural chemicals used for pesticides and crop spraying.

The manufacturers and the people who prescribe medications are also obliged to inform people about the dangers. Yet, a large percentage of these drugs are marketed off-label to women of childbearing age without warnings regarding the risk of birth defects. This is particularly relevant for antidepressants like Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawyers defect lawsuits against chemical and pharmaceutical companies. His practice focuses on cases involving the development of birth defects due to parental exposure to toxic chemicals such as those in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.