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Birth Defect Litigation

Some injuries are out of the parents or their control. Families could be faced with a huge bill when injuries require expensive procedures and special care.

A New York birth defect lawyer can help stunned parents file a claim and get compensation to cover future costs. However, the law has strict deadlines on the time a claim has to be filed.

Statute of Limitations

Modern technology and medical advances have helped reduce the risks associated with childbirth and pregnancy. However birth defects and injuries still occur. Families should consider their legal options when they are preventable.

Many birth defect lawsuits are founded on allegations of medical malpractice. These cases could involve mistakes committed by nurses or doctors at any time during the labor and delivery procedures. Medical professionals may also be guilty of malpractice following the birth of a baby when they fail to provide the proper treatment.

In general, the statutes of limitations for these cases are 2.5 years from the date of the medical malpractice. For infants, the time period may be extended. It is essential to talk with a lawyer early enough to ensure that all evidence is gathered, and that a timely complaint can be filed.

A lawsuit can be filed on behalf of a child for birth defects that are caused by chemical and toxic exposures during pregnancy. Specially trained birth defect lawyers can investigate and prosecute these claims on behalf of the family.

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

Medical Malpractice

Birth defects can cause a wide range of physical or mental problems. Some of them could be fatal. Some of these issues are inherited, whereas others are caused by exposure to environmental factors or the use of prescription drugs during pregnancy.

Medical professionals or doctors can be accused of negligence when they cause birth defects through their actions or inaction. These cases are usually based on medical negligence during labor or delivery. However, they can also comprise any act or failure to act that is in violation of the medical standard of care, freelegal.ch such as failing to recognize a medical issue or prescribing the wrong medication during pregnancy.

One instance of situation involves a drug called teratogens, which can cause birth defects that are serious. When pregnant, doctors usually advise women to not take this medication, which is used in the treatment of seizures. If an individual is exposed to the drug, then she should make an action.

It is crucial to select an attorney who has handled these types of cases. Find a firm that specializes in this area and operates on a contingency basis, so you won't have to pay a dime unless you are successful. Additionally, you should choose a lawyer with strong negotiation and communication abilities. This will ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

Many birth defects cause mental or physical disabilities that require costly medical treatment and accommodations for the child. These issues are often genetic, but they may also be caused by environmental or chemical exposure or medication taken by the mother during pregnancy.

Drug makers are required to test their products thoroughly and inform the public of any potential risks. Unfortunately certain pharmaceutical companies are not keeping up-to-date with the latest research or fail to anticipate potential adverse effects. Some doctors prescribe dangerous drugs to their patients, and some women are not aware of the risks associated with taking certain drugs while pregnant. These drugs, known as teratogens, can cause birth defects, including spina-bifida, in the fetus.

Other substances that could cause birth defects are the chemicals used in the agricultural and manufacturing industries, as well as heavy metals like mercury, which can contaminate groundwater or air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women chemicals and substances that could harm their reproductive health and lead to birth defects.

It is crucial to gather as the evidence you can before filing a lawsuit against the parties responsible. Included in this are any ultrasound images or blood tests, as well as medical bills that are incurred as a result. This allows the attorney to determine the monetary worth of the case.

Product Liability

Pregnancy is among the most exciting, but nerve-wracking experiences in a woman's lifetime. But it's also a period where medical professionals often make mistakes that can cause birth defects. A top lawyer can help parents bring a lawsuit against those accountable for their child's handicap and receive the justice they deserve.

Medical professionals aren't always able to determine the root of birth defects, but most of them can be caused by environmental or chemical exposure. This could include contact from parents with toxic chemicals at the workplace, such as glycolethers and solvents utilized in semiconductor manufacturing, and agricultural chemicals used for pesticides and spraying crops.

The pharmaceutical companies and those who prescribe medication must also warn the public about the risks. A large number of these medications are sold to women who are pregnant, without warnings of the possibility of birth defect. This is especially the case with antidepressants such as Prozac and Zoloft.

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