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Birth Defect Litigation

Parents want perfect children, but some injuries happen out of their control. Families could be faced with huge bills when these injuries require costly procedures and special treatment.

A New York birth defect lawyer can help stunned parents file a claim and get compensation to pay for future expenses. The law has strict time limitations for when claims can be filed.

Statute of Limitations

Modern technology and medical advances have helped reduce the risks of childbirth and pregnancy. However birth defects and injuries can still occur. Families need to explore their legal options if they can be prevented.

Many birth defect lawsuits are founded on allegations of medical malpractice. These cases could involve mistakes made by nurses or doctors at any time during labor and birth processes. Medical professionals may also be guilty of malpractice following the birth of a baby in the event that they fail to provide appropriate treatment.

In general, the statutes of limitations for these cases are 2.5 years after the date of the medical negligence. The time frame may be extended for infants. It is important to consult a lawyer immediately to ensure that all evidence is collected and that a timely complaint be filed.

In addition to medical malpractice, a suit can also be brought on behalf of an infant for birth defects resulting from improper toxic and chemical exposures that occur during a mother's pregnancy. Specially trained birth defect compensation defects lawyers can look into these claims and prosecute them on behalf of the family.

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

Medical Malpractice

Birth defects can result in an array of physical or mental problems. Some birth defects may be fatal. Some of these problems may be caused by genetics and others may be caused by exposure to environmental factors or prescription medications taken during pregnancy.

A medical professional or doctor could be accused of malpractice in the event of causing birth defects due to their actions or inaction. These cases usually involve medical negligence during labor or delivery. However, they can also be a result of any action or failure to act that is in violation of the medical standard of care, like failing to diagnose a problem or prescribing the wrong medication during pregnancy.

One example involves Teratogens. These medications can lead to birth defect lawsuit defects that are serious. In the course of pregnancy, doctors generally advise women to avoid taking this medication, which is used in the treatment of seizures. If a pregnant woman is exposed to this medication, she must submit a claim.

It is important to choose an attorney who has experience in handling these types of cases. You should look for a firm that has expertise in this area and is based on contingency, meaning that you won't have to pay any fees until you win. Also, search for a lawyer who has excellent negotiation and communication skills. This will ensure that your claim is filed before the time for filing expires.

Prescription Drugs

A lot of birth defects can cause mental or physical disabilities which require costly medical care and accommodations for the child. These issues are often genetic, but they can also be caused by chemical or environmental exposure or medication taken by the mother during pregnancy.

Drug manufacturers have an obligation to test their products thoroughly and warn consumers of any risks. Unfortunately some pharmaceutical companies fail to keep up to date with the latest research or fail to anticipate potential adverse consequences. In addition, doctors can prescribe dangerous medications to their patients, and some women do not have adequate information about the risks associated with taking certain medications during pregnancy. These medications are referred to as teratogens. They could cause birth defect lawsuit defects in the fetus including spina bifida.

Other substances that can cause birth defects are chemicals used in the agricultural and manufacturing industries, as well as heavy metals such as mercury that can contaminate groundwater or air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations which expose women to harmful chemicals and substances that can cause harm to their reproductive health and lead to birth defects.

When bringing a lawsuit against the parties responsible for your child's condition, it is important to gather the most evidence you can. Included in this are any ultrasound images, blood tests, and birth Defect lawsuit medical bills that are incurred as a result. This information helps the attorney to determine the worth of the case.

Product Liability

Pregnancy is among the most exciting and nerve-wracking events in a woman's lifetime. It's also a time where medical professionals are prone to making mistakes that can lead to birth defects. An experienced attorney can help parents bring a lawsuit against those responsible for their child's disability and obtain the amount of compensation they deserve.

While the causes of birth defects are generally unknown to medical experts but a large proportion of Birth Defect Lawsuit defects can be attributed to environmental or chemical exposure. This can include parental contact with toxic chemicals in the workplace, like glycolethers and solvents utilized in semiconductor manufacturing and agricultural chemicals used for pesticides as well as crop spraying.

In addition, the manufacturer and the people who prescribe prescription medications are required to inform people of their risks. A significant portion of these drugs are marketed to women who are expecting without warnings of the potential for birth defect. This is especially applicable to antidepressants, such as Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect attorneys defect lawsuits against chemical and pharmaceutical companies. He concentrates his practice on cases where birth defects are caused by exposure to toxic chemicals in the home by parents, such as those employed in semiconductor manufacturing or agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.