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Birth Defect Litigation

Certain injuries are beyond the parents in their control. If these injuries require special medical attention and expensive procedures, it can leave families with huge expenses.

A New York birth defect attorney can assist parents who are in shock to file a claim to get compensation for future expenses. However, the law puts strict deadlines on the time a claim has to 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 can still occur. Families must consider their legal options if they are preventable.

Many birth defect lawsuits are made on the basis of allegations that medical malpractice occurred. These lawsuits can be based on mistakes made by nurses or doctors at any point in the pregnancy, labor and delivery procedures. In addition medical professionals can be guilty of medical malpractice after a child's birth when they fail to provide proper treatment.

Generally speaking, the statute of limitations in these cases is generally 2.5 years from when the act was committed of medical negligence. The time frame is extended for infants. However, it is important to seek legal counsel as soon as you can to ensure that all evidence is obtained and that a timely claim can be filed.

In addition to medical malpractice, a suit can also be brought on behalf of an infant for birth defects caused by improper exposure to chemicals and toxic substances that take place during the mother's pregnancy. Specially trained Cold Spring Birth Defect Lawyer defect lawyers can examine these claims and bring them to trial on behalf of the family.

When selecting an attorney for a birth defect or birth injury lawsuit parents should consider the following qualities:

Medical Malpractice

Birth defects can lead to a variety of mental and physical problems. Some may even be fatal. Some of these issues may be caused by genetics while others are triggered by exposure to the environment or prescription medications used during pregnancy.

A doctor or medical professional could be accused of malpractice when they cause birth defects through their actions or inaction. The most common cases involve medical negligence during the birth or labor process. They can also be a result of any act of failure to act which falls below a standard of medical care, such as failing to recognize an illness or prescribing incorrect medication during pregnancy.

One example involves Teratogens. These drugs can result in serious birth defects. During pregnancy, doctors typically advise women to stay clear of this medication, which is commonly used in the treatment of seizures. If women are exposed to the drug, she must file an insurance claim.

It is important that you select an attorney with expertise in these kinds of cases. Find a firm that specializes in this area and operates on an on a contingency basis, meaning you don't have to pay any fees unless you succeed. Look for an attorney with great negotiation and communication skills. This will ensure that you make your claim in time before the statute of limitation expires.

Prescription Drugs

A lot of birth defects can cause physical or mental disabilities, that require costly medical treatment and accommodations for the child. Often, these conditions are genetically inherited, but some can be caused by environmental or chemical exposure, or by medications the mother took while pregnant.

Pharmaceutical manufacturers are required to test their products thoroughly and warn the public of any potential risks. Sadly, some pharmaceutical companies fail to keep up with the latest research or foresee potential side effects. Certain doctors prescribe dangerous medications to their patients and some women are not informed about the dangers associated with taking certain medications while pregnant. These drugs are referred to as teratogens, and they may cause birth defects in the fetus. This includes spina Bifida.

Other substances that could cause mccook birth defect attorney defects include chemicals used in agriculture and manufacturing and heavy metals, like mercury that are contaminating air or groundwater. Diane Paolicelli's legal profession has been dedicated to combating powerful corporations that expose women to harmful substances and chemicals that can cause harm to their reproductive health and lead to birth defects.

It is crucial to collect as the evidence you can before filing a suit against the parties responsible. Included in this are any ultrasound images, blood tests, and medical bills incurred due to. This information assists the attorney assess the worth of the case.

Product Liability

Pregnancy is one of the most exciting and nerve-wracking moments in a woman's life. However, it's also a time where medical professionals often make mistakes that can cause birth defects. An experienced attorney can help parents in filing claims and getting the compensation they deserve against the people responsible for the disabilities of their child.

While the causes of birth defects are typically not understood by medical professionals, a significant number can be attributed with exposure to chemicals or the environment. This can be due to exposure by parents to toxic chemicals in the workplace such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used for spraying crops and pesticides.

The pharmaceutical companies and those who prescribe medication also have a duty to warn the public about the dangers of their products. Yet, a substantial portion of these drugs are sold off-label for cold spring birth defect lawyer women of childbearing age without warnings regarding the potential for birth defects. This is especially true for 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. He concentrates his practice on cases where birth defects are caused by exposure to toxic chemicals in the home by parents such as those that are used in semiconductor manufacturing or farming. He is a graduate of the American University in Washington, D.C., and Suffolk University Law School.