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Birth Defect Litigation

Parents want perfect babies However, some accidents happen out of their control. When these injuries require special care and costly procedures, it can cause families to incur huge costs.

A New York birth defect attorney can help parents in shock file claims to obtain compensation for future expenses. The law has strict deadlines on when claims can be filed.

Statute of Limitations

Modern medical technology and advancements in medical science have helped to reduce risks associated with pregnancy, childbirth and birth. However birth defects and injuries still occur. Families must consider their legal options when they can be prevented.

Many birth defect suits are based on accusations of medical malpractice. These cases may involve errors made by doctors or nursing personnel at any stage of labor, birth and pregnancy. Additionally, medical professionals can commit medical malpractice following the birth of a baby by failing to provide the correct treatment.

In general the statute of limitation for these cases is 2.5 years from the date of the medical negligence. For infants, this period can be extended. It is essential to speak with a lawyer as soon as you can to ensure that all the evidence is collected and that a timely complaint be filed.

In addition to medical malpractice, a lawsuit could also be filed on behalf of an infant for birth defects that result from wrongful exposure to chemicals and toxic substances that occur during a mother's pregnancy. Lawyers specially trained in birth defects can examine the claims and then prosecute them on behalf of the family.

Parents should think about the following qualities when selecting an attorney to represent them in a suit for birth defect compensation defects or birth injuries:

Medical Malpractice

birth defect law defects can result in many mental or physical issues. Certain birth defects could be fatal. Some of these issues are genetic, but others are due to exposure to the environment or the use of prescription drugs during pregnancy.

A doctor or medical professional may be accused of negligence when they cause birth defect attorney defects by their actions or inaction. Most cases involve medical negligence during labor or birth defect attorney delivery. However, they could also be a result of any action or failure to act that is not in the range of the medical standard of care, such as not diagnosing a medical condition or prescribing the wrong medicine during pregnancy.

One of these cases involves the teratogens. These drugs can cause serious birth defects. During pregnancy, doctors usually advise women to avoid taking this medication, which is used to treat seizures. If a woman who is pregnant is exposed to this medication, she must submit an insurance claim.

It is essential to select an attorney who is experienced in handling these types of cases. Find a firm that specializes in this area and operates on an hourly basis, which means you don't have to pay any fees unless you get the case won. Look for an attorney who has an excellent ability to communicate and negotiate. This will ensure that you file your claim before the time for filing expires.

Prescription Drugs

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

Drug manufacturers have an obligation to ensure that their products are tested properly and inform consumers of any risks. Unfortunately many pharmaceutical companies fail to keep up with research or anticipate potential side effects. In addition, doctors can prescribe dangerous medicines to their patients as well as some women do not receive adequate information on the risks associated with taking certain medications during pregnancy. These drugs are known as teratogens, and they may cause birth defects in the fetus including spina bifida.

Other substances that could cause birth defects are chemicals used in agriculture and manufacturing as well as heavy metals like mercury, which are contaminating the groundwater or the air. Diane Paolicelli's legal career is dedicated to fighting powerful corporations who expose women to toxic substances and chemicals that can cause harm to their reproductive health and lead to birth defects.

It is important to collect as many evidences as you can prior to filing a lawsuit against the parties accountable. This includes ultrasound scans, blood tests and medical bills that arise because of the birth defect. This assists the attorney in determining the financial value of the case.

Product Liability

Pregnancy is one of the most exciting and nerve-wracking experiences a woman can go through in her life. It's also the time that medical professionals are prone to making mistakes that cause birth defects. A top lawyer can assist parents in submitting an appeal and gaining the compensation they deserve from those who are responsible for the impairment of their child.

While the causes of birth defects are generally unknown to medical experts but a large proportion of birth defects can be linked with exposure to chemicals or the environment. This can be due to exposure by parents to toxic chemicals in the workplace such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used in crop spraying and pesticides.

Furthermore, manufacturers and those who prescribe prescription medications have a responsibility to warn people of their risks. However, a lot of these drugs are marketed off-label for birth defect attorney women of childbearing age without warnings regarding the possibility of birth defects. This is particularly applicable to antidepressants such Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defects lawsuits against pharmaceutical and chemical companies. His practice is centered around cases involving the development of birth defects caused by exposure of parents to toxic chemicals, which includes those used in semiconductor manufacturing as well as agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.