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Birth Defect Litigation

Some injuries are beyond the parents' control. Families could be faced with a huge bill when injuries require expensive procedures and special treatment.

A New York birth defect case defect lawyer can help stunned parents file an action and receive compensation to cover future costs. The law has strict time limits for when claims can be filed.

Statute of limitations

Modern medical technology and advances have made it possible to reduce the risks associated with childbirth, pregnancy and birth. However, birth defects and injuries can still occur. If they're preventable, families should consider their legal options.

Many birth defect attorney defect suits are stemming from claims of medical malpractice. These cases may involve errors made by doctors or nursing staff at any time during the birth process, including labor and pregnancy. Medical professionals may also be negligent following the birth defect attorney of a child by failing to provide the correct treatment.

Generally, the statute of limitations in these cases is 2.5 years from the date of the occurrence of medical malpractice. For infants, the time is sometimes extended. It is essential to talk with a lawyer as soon as you can to ensure that all evidence is gathered and that a timely complaint be filed.

A lawsuit may be filed on behalf of a child for birth defects that are caused by chemical and toxic exposures during the pregnancy. Specially trained birth defects lawyers are able to investigate the claims and then prosecute them on behalf of the family.

Parents should think about the following characteristics when choosing an attorney to represent them in a suit for birth defects or birth injuries:

Medical Malpractice

Birth defects can lead to many mental or physical problems. Some of them may even be fatal. Some of these issues are inherited, whereas 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 defects due to their actions or inaction. These cases are usually based on medical negligence during delivery or labor. They also encompass any other perform a task that is not within the standard of medical care, such as not diagnosing an illness or prescribing incorrect medication during pregnancy.

One instance of case involves a medication known as teratogens, which could cause birth defects that are serious. Doctors typically advise women to take this medication during pregnancy. It is used to treat seizures. If a pregnant woman is exposed to this medication, she must make a claim.

It is important to select an attorney who has experience in handling these types of cases. Find a firm that specializes in this area and works on the basis of a contingent fee, which means you won't have to pay a dime unless you get the case won. Also, search for an attorney with excellent communication and birth defect litigation negotiation abilities. This will ensure that your claim is filed before the time limit 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 genetic, but can also be caused by chemical or environmental exposure, or by medications taken by the mother during pregnancy.

Drug manufacturers are required to thoroughly test their products and inform consumers of any potential risks. Sadly certain pharmaceutical companies fail to keep up with the latest research or anticipate the potential adverse consequences. Some doctors recommend dangerous drugs to their patients. Moreover, some women aren't aware of the risks associated with taking certain medications while pregnant. These are known as teratogens and may cause birth defect lawsuit defects in the fetus, including spina bifida.

Other substances that could cause birth defect lawsuit defects include chemicals employed in the production and agricultural industries in addition to heavy metals like mercury that are contaminating groundwater or air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women chemicals and substances that damage their reproductive health and cause birth defects.

When filing lawsuits against the parties that are accountable for your child's health it is essential to gather the most evidence you can. This includes blood tests, ultrasound images, and medical bills that arise as a result of the birth defect. This helps the attorney establish the worth of the case.

Product Liability

Pregnancy is among the most exciting and nerve-wracking experiences a woman can go through in her life. However, it's also a time when medical professionals can make mistakes that could cause birth defects. A top attorney can help parents bring a lawsuit against those responsible for their child's disability and obtain the proper compensation they're entitled to.

While the causes of birth defects are often unknown to medical professionals however, a significant proportion are linked to environmental or chemical exposure. This could include exposure of parents to toxic chemicals at work such as solvents and glycol ethers in semiconductor manufacturing, as well as agricultural chemicals used for pesticides and crop spraying.

In addition, the manufacturer and those who prescribe prescription drugs must inform patients of the risks. However, a significant portion of these medications are sold off-label for women of childbearing age, without warnings about the potential for birth defects. This is especially relevant for antidepressants like Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. His practice is centered around cases where birth defects result from exposure to toxic chemicals by parents, such as those used in semiconductor manufacturing or farming. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.