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Birth Defect Litigation

Certain injuries are beyond the parents or their control. If these injuries require special medical attention and expensive procedures, it could result in huge costs for families.

A New York birth defect lawyer can assist parents in filing an action and receive compensation to cover future costs. The law has strict time limitations for when claims can be filed.

Statute of limitations

Modern technology and medical advancements have helped to reduce the risks of childbirth and pregnancy. However, birth defects and injuries still occur. When they are preventable, families need to explore their legal options.

Many Birth defect law firms defect lawsuits are founded on allegations of medical malpractice. These cases can involve mistakes made by doctors or nursing personnel at any stage of pregnancy, labor and birth. In addition medical professionals can be guilty of medical malpractice following the birth of a child, by failing to provide the proper treatment.

In general, the statutes of limitation for these cases are 2.5 years from the date of the medical mistake. For infants, this time can be extended. It is nevertheless important to seek legal advice as soon as you can to ensure that all evidence has been collected and that a timely claim can be filed.

A lawsuit can be filed on behalf of a child in relation to birth defects that are caused by toxic and chemical exposures during pregnancy. Lawyers specially trained in birth defects are able to investigate these claims and bring them to trial on behalf of the family.

Parents should think about the following characteristics when choosing an attorney to represent their interests in a lawsuit filed for birth defect or injury:

Medical Malpractice

Birth defects can cause numerous mental or physical issues. Certain birth defects can cause death. Some of these problems are inherited, whereas others are due to exposure to environmental factors or the usage of prescription drugs during pregnancy.

A doctor or medical professional could be accused of misconduct when they cause birth defects by their actions or inaction. These cases typically involve medical negligence during the birth or labor process. However, they could also include any act or inability to act that falls short of a medical standard of care, like failing to diagnose a condition or prescribing the wrong medication during pregnancy.

One such type of case involves a medication called teratogens, which can cause serious birth defects. In the course of pregnancy, doctors generally advise women to avoid taking this medication, which is utilized to treat seizures. If a woman who is pregnant is exposed to this medication, she must submit an insurance claim.

It is crucial to choose an attorney with prior experience in these types of cases. You should look for a firm with extensive experience in this field. It also is based on contingency, meaning that you don't have to pay anything until you win. Also, search for a lawyer with strong negotiation and communication abilities. This will ensure that your claim is filed before the time limit expires.

Prescription Drugs

Many birth defects cause mental or physical disabilities that require costly medical treatment and accommodations for the child. Most of the time, these issues are genetically inherited, but some can be caused by chemical or environmental exposure, or by medications the mother took during pregnancy.

Pharmaceutical manufacturers are required to thoroughly test their products and inform 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. Certain doctors prescribe dangerous medications to their patients. Moreover, some women are not informed about the dangers associated with taking certain drugs while pregnant. These drugs are known as teratogens, and they may cause birth defect lawsuit defects in the fetus, including spina Bifida.

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

When filing lawsuits against the parties responsible for your child's condition it is essential to gather as much evidence as you can. This includes any ultrasound scans, blood tests and medical bills incurred as a result of the birth defect. This helps the attorney establish the financial value of the case.

Product Liability

Pregnancy is one of the most thrilling and stressful events in a woman's lifetime. But it's also a time when many medical professionals make mistakes that can cause birth defects. A top lawyer can help parents to file a claim against the medical professionals responsible for their child's disability and receive the compensation they deserve.

While the causes of birth defects are generally unknown to medical professionals, a significant number can be linked to exposure to chemicals or environmental factors. This could include contact from parents with toxic chemicals at the workplace, such as solvents and glycol ethers used in semiconductor manufacturing, as well as agricultural chemicals used for pesticides and spraying of crops.

Manufacturers and those who prescribe medicines are also required to inform the public about their risks. However, a lot of these drugs are offered off-label to women of childbearing age, without warnings about the risk of birth defects. This is particularly true for antidepressants like Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. His practice focuses on cases that involve the occurrence of birth defects that result from parental exposure to toxic chemicals, including those used in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.