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Birth Defect Litigation

Parents want perfect babies However, some injuries occur outside their control. Families are left with huge bills when these injuries require costly procedures and special care.

A New York birth defect attorney can assist parents in shock file an action to receive compensation for future expenses. However, the law imposes strict time limitations on the time a claim has to be filed.

Statute of limitations

Modern technology and medical advances have helped to reduce the risks that come with childbirth and pregnancy. Birth defects and injuries remain a possibility. Families should consider their legal options when they can be prevented.

Many birth defect suits are stemming from allegations of medical malpractice that occurred. These cases can involve errors committed by nurses or doctors at any point in the labor and delivery processes. Medical professionals may also be guilty of malpractice following the birth of a child if they fail provide proper treatment.

Generally speaking, the time limit for these cases is generally 2.5 years from the date of the incident of medical negligence. This time frame can be extended for infants. It is essential to talk with an attorney as soon as you can to ensure that all evidence is collected, and that a timely complaint can be filed.

A lawsuit can be filed on behalf of a child in relation to birth defects caused by chemical and toxic exposures during pregnancy. Specially trained birth defect lawyers are able to investigate these claims and pursue them on behalf of the family.

When selecting an attorney for a birth defect or birth injury lawsuit parents should be looking for the following characteristics:

Medical Malpractice

Birth defects can lead to a wide range of mental or physical problems. Some of them may even be fatal. Some of these problems are inherited, whereas others are caused by exposure to the environment or the use of prescription drugs during pregnancy.

A doctor or medical professional could be accused of malpractice when they cause birth defects as a result of their actions or inaction. These cases typically are caused by medical negligence during delivery or labor. However, they can include any act or failure to act that falls short of the medical standard of care, for instance, failing to diagnose a condition or prescribing the wrong medicine during pregnancy.

One of these cases involves Teratogens. These drugs can cause serious birth defects. During pregnancy, doctors typically advise women to not take this medication, which is commonly used to treat seizures. If the woman is exposed to the drug, it is recommended that she file an action.

It is crucial to choose an attorney who has previous experience in these cases. You should seek out a firm with expertise in this area and operates on contingency basis, which means you don't have to pay any fees until you win. Additionally, you should choose an attorney with excellent negotiation and communication abilities. This can help ensure that your claim is filed before the time limit expires.

Prescription Drugs

Many birth defects lead to mental or physical disabilities which require costly medical care and accommodations for the child. These problems are usually caused by genetics, but can also be caused by environmental or chemical exposure or the use of medications by the mother during pregnancy.

Pharmaceutical companies are required to test their products properly and inform the public of the potential dangers. Unfortunately certain pharmaceutical companies do not keep up-to-date with the latest research or fail to anticipate possible side effects. Moreover, doctors may prescribe dangerous drugs to patients and some women do not receive the correct information regarding the dangers of taking certain drugs during pregnancy. These are known as teratogens and can cause birth defects in the fetus including spina bifida.

Other substances that can cause birth defects are chemicals employed in the production and agricultural industries as well as heavy metals, like mercury that are contaminating air or groundwater. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women to toxic chemicals and other substances that cause harm to their reproductive health and lead to birth defects.

When bringing lawsuits against the people responsible for your child's condition It is crucial to gather as much evidence as you can. Included in this are ultrasound images as well as blood tests and medical bills that are incurred as a result. This information can help the attorney assess the value of the case.

Product Liability

Pregnancy is among the most exciting, and stressful experiences in a woman's lifetime. It's also the time when medical professionals are prone to making mistakes that can lead to birth defects. A top attorney can assist parents in filing claims and getting the compensation they deserve from those who are responsible for the impairment of their child.

While the causes of birth defects are usually not understood by medical professionals however, many of them can be attributed with exposure to chemicals or the environment. This can include parental exposure to toxic chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used in spraying crops and pesticides.

Additionally, the manufacturers and those who prescribe prescription medicines have a responsibility to warn people about the risks. However, a lot of these drugs are offered off-label for women of childbearing age without warnings regarding the risk of birth defects. This is particularly applicable to antidepressants, such as Prozac and Zoloft.

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