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Birth Defect Litigation

Certain injuries are beyond the parents' control. Families could be faced with huge debts when these injuries require expensive procedures and special care.

A New York birth defect lawyer can assist parents who are stunned to file a claim and get compensation to cover the cost of future expenses. However, the law puts strict time limitations on when a claim needs to be filed.

Statute of Limitations

Modern technology and medical advancements have made it possible to reduce the risks associated with pregnancy, childbirth and birth. Birth defects and injuries do persist. Families must consider their legal options if they can be prevented.

Many birth defect lawsuits are based upon allegations of medical malpractice. These lawsuits can be based on mistakes committed by nurses or doctors at any point in the birth, labor and delivery procedures. Additionally medical professionals can be guilty of medical malpractice after the birth of a baby in the event that they fail to provide the proper treatment.

Generally speaking, the statute of limitations in these cases is generally 2.5 years from the date of the incident of medical malpractice. The time limit is extended for infants. It is important to consult a lawyer early enough to ensure that all the evidence is collected and that a timely complaint can be filed.

In addition to medical malpractice, a lawsuit could also be filed on behalf of an infant for birth defects caused by wrongful exposure to chemicals and toxic substances that take place during the mother's pregnancy. Specially trained birth defect lawyers can investigate and pursue these claims on behalf of the family.

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

Medical Malpractice

Birth defects can cause a variety of mental and physical issues. Some birth defects may be fatal. Some of these issues are caused by genetics, while others are caused by exposure to environmental factors or the usage of prescription drugs 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 may also involve any perform a task that is not within the standard of medical treatment, for instance, failing to diagnose an illness or prescribing the wrong medication during pregnancy.

One such type of case is a medication called teratogens. It can cause serious birth defects. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If the woman is exposed to the drug it is recommended that she make an action.

It is crucial to select an attorney who is experienced in handling these types of cases. Look for a law firm that is experienced in this area and works on a contingency basis, so you don't have to pay any fees unless you get the case won. Additionally, you should choose a lawyer with strong negotiation and communication skills. This will ensure that your claim is filed before the time for filing expires.

Prescription Drugs

Many birth defects cause mental or physical disabilities, which require expensive medical care and accommodations for the child. Most of the time, these issues are genetic, however some can be caused by environmental or chemical exposure, or by medications the mother took while pregnant.

Pharmaceutical manufacturers are required to ensure that their products are tested properly and warn consumers about any risks. Unfortunately some pharmaceutical companies do not keep up to date with the latest research or fail to anticipate possible adverse consequences. Additionally, doctors can prescribe dangerous medicines to their patients as well as some women do not have adequate information about the risks of taking certain drugs during pregnancy. These medications, also known as teratogens, may cause birth defects, including spina-bifida in the fetus.

Other substances that can cause birth defect law firm defects are chemicals used in the agricultural and manufacturing industries, and heavy metals like mercury that can contaminate groundwater or air. Diane Paolicelli's career in law has been dedicated to fighting powerful corporations who expose women to harmful chemicals and substances that may damage their reproductive health or lead to birth defects.

When bringing a lawsuit against the parties who are responsible for your child's illness It is crucial to gather as much evidence as you can. Included in this are any ultrasound images and blood tests as well as medical bills incurred as a result. This allows the attorney to determine the financial value of the case.

Product Liability

Pregnancy is among the most thrilling and stressful times in a woman's life. It's also the time that medical professionals are prone to making mistakes that result in birth defects. A top lawyer can help parents bring a lawsuit against those responsible for their child's condition and receive the justice they deserve.

Although the causes of birth defects are usually unknown to medical experts however, a significant proportion can be linked to exposure to chemicals or environmental causes. This could be due to contact by parents with toxic chemicals in the workplace, for example glycol ethers and solvents that are used in semiconductor manufacturing, as well as chemical pesticides used in agriculture and spraying crops.

Manufacturers and those who prescribe medications also have a duty to inform the public about the risks. Yet, a large percentage of these drugs are offered off-label for women of childbearing age without adequate warnings about the potential for birth defects. This is especially true 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. He concentrates his practice on cases where birth defects are caused by exposure to toxic chemicals by parents such as those that are employed in semiconductor manufacturing or agricultural. He graduated from American University in Washington, D.C. and Suffolk University Law School.