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Birth Defect Litigation

Parents want perfect children However, some accidents happen outside of their control. Families could be faced with a huge bill when injuries require expensive procedures and special treatment.

A New York birth defect attorney can help parents shocked to file an appeal to be compensated for future expenses. The law has strict time limits on when a claim may be filed.

Statute of Limitations

Modern technology and medical advancements have helped to reduce the risks associated with pregnancy and childbirth. Birth defects and injuries do still occur. When they are preventable, families should consider their legal options.

Many birth defect suits are founded on allegations that medical malpractice occurred. These cases can involve errors made by nurses or doctors at any time during the labor and birth procedures. Additionally medical professionals can be guilty of medical malpractice following the birth of a child by failing to provide proper treatment.

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

A lawsuit can be filed on behalf of a child for birth defects that are caused by toxic and chemical exposures during pregnancy. Lawyers specially trained in birth defects can investigate and prosecute these claims 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 characteristics:

Medical Malpractice

Birth defects can cause a variety of physical and mental problems. Certain birth defects could be fatal. Some of these problems may be caused by genetics, while others are caused through exposure to the environment or prescription medications taken during pregnancy.

A medical professional or doctor could be convicted of malpractice when they cause birth defects due to their actions or inaction. Most cases involve medical negligence during the birth or labor process. They can also include any other perform a task that is not within the standard of medical care, for example the failure to diagnose an illness or prescribing the wrong medication during pregnancy.

One example of this type of case involves a medication called teratogens, which can cause birth defect law firms defects that are serious. In the course of pregnancy, doctors generally recommend women not to take this medication, which is utilized to treat seizures. If women are exposed to the drug, she must submit an insurance claim.

It is essential to select an attorney who has handled these types of cases. You should seek out a firm that has expertise in this area and is on contingency, which means you won't be charged anything until you win. Additionally, you should choose a lawyer with strong negotiation and communication skills. This will help ensure that your claim is filed before the time for filing expires.

Prescription Drugs

Many birth defects cause physical or mental disabilities that require expensive medical treatment and accommodations for the child. These issues are often caused by genetics, but can also be caused by chemical or environmental exposure or medications taken by the mother during pregnancy.

Drug manufacturers have an obligation to thoroughly test their products and inform consumers of any potential risks. Unfortunately certain pharmaceutical companies fail to keep up-to-date with the latest research or fail to anticipate possible adverse consequences. Some doctors recommend dangerous drugs to their patients and some women aren't aware of the risks associated with taking certain medications while pregnant. These drugs are known as teratogens, and they can cause birth defects in the fetus, such as spina Bifida.

Other substances that may cause birth defects are chemicals that are used in manufacturing and agriculture and heavy metals like mercury that are contaminating groundwater and air. Diane Paolicelli's legal career is focused on fighting powerful corporations that 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 all evidence you can before filing a lawsuit against the party responsible. This includes ultrasound images, blood tests, and medical bills that arise due to the birth defect. This helps the attorney establish the value of the case.

Product Liability

Pregnancy is one of the most thrilling and stressful experiences a woman can go through in her life. However, it's also a time where medical professionals often make mistakes that can lead to birth defects. A top attorney can help parents make a claim against those responsible for their child's condition and acquire the amount of compensation they deserve.

While the causes of birth defects are often unknown to medical experts however, many of them can be attributed to exposure to chemicals or environmental causes. This can include parental exposure to toxic chemicals in the workplace such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used in pesticides and crop spraying.

In addition, manufacturers and those who prescribe prescription drugs have a responsibility to warn people about the risks. Yet, a large percentage of these drugs are offered off-label for women of childbearing age, without warnings about the potential for birth defects. This is particularly relevant 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 concentrates his practice on cases where birth defects are caused by exposure to toxic chemicals by parents such as those employed in semiconductor manufacturing or farming. He graduated from American University in Washington, D.C. and Suffolk University Law School.