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Birth Defect Litigation

Parents want their children to be perfect However, some accidents happen out of their control. When these injuries require special treatment and costly procedures, it can leave families with huge expenses.

A New York birth defect attorney can help parents in shock file a claim to get compensation for future expenses. The law has strict time limitations on when a claim may be filed.

Statute of Limitations

Modern technology and medical advances have helped to reduce the risks associated with childbirth and pregnancy. Birth defects and injuries do continue to occur. If they can be prevented, families should consider their legal options.

Many birth defect lawsuits are made on the basis of claims of medical malpractice. These cases can involve errors made by doctors or nurses at any point during the labor and birth processes. Medical professionals may also be guilty of malpractice following the birth of a baby by failing to provide the correct treatment.

In general the statute of limitation for these cases are 2.5 years after the date of the medical error. For infants, this period can be extended. However, it is important to seek legal advice as soon as possible to ensure that all evidence has been collected and that a timely claim be filed.

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

Parents should think about the following aspects when choosing an attorney to represent them in a suit for birth defects or injuries:

Medical Malpractice

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

Medical professionals or doctors can be accused of negligence when they cause birth defects through their actions or inaction. The majority of these cases are based on medical negligence in delivery or labor. However, they could also comprise any act or failure to act in excess of a medical standard of care, such as failing to diagnose a problem or prescribing the wrong medication during pregnancy.

One of these cases involves the teratogens. These medications can lead to birth defects that are serious. Doctors typically advise women not to take this medication during pregnancy. It is used to treat seizures. If women are exposed to the drug, she must file a claim.

It is important to select an attorney who has handled these types of cases. You should seek out a firm that has extensive experience in this field. It also operates on contingency basis, which means you don't pay anything until you are successful. Also, look for a lawyer with strong negotiation and communication abilities. This can help ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

Many birth defects result in physical or mental disabilities, which require expensive medical care and accommodations for the child. The majority of these problems are genetic, however some can be caused by chemical or environmental exposure, or the medications the mother took during pregnancy.

Pharmaceutical manufacturers are required to test their products correctly and inform the public of any potential risks. Unfortunately some pharmaceutical companies are not keeping up-to-date with current research or fail to anticipate possible adverse effects. Some doctors prescribe dangerous drugs to their patients. Moreover, some women are not aware of the risks associated with using certain drugs during pregnancy. These drugs are referred to as teratogens and could cause birth defects in the fetus. This includes spina bifida.

Other substances that can cause birth defects are chemicals used in agriculture and manufacturing as well as heavy metals like mercury, which are contaminating the groundwater or air. Diane Paolicelli's legal career has been dedicated to combating powerful corporations that expose women to harmful chemicals and substances that may affect their reproductive health or cause birth defects.

If you are filing lawsuits against the people that are accountable for your child's health it is crucial to gather as much evidence as possible. Included in this are ultrasound images or blood tests, as well as medical bills that are incurred as a result. This information assists the attorney determine the worth of the case.

Product Liability

Pregnancy is one of the most thrilling and stressful events in a woman's lifetime. It's also the time that many medical professionals can make mistakes that cause birth defects. A top lawyer can help parents make a claim against those who are responsible for their child's disabilities and get the amount of compensation they deserve.

Medical professionals aren't always able of determining the specific cause of birth defects, however the majority of them can be caused by environmental or chemical exposure. This can include parental exposure to toxic chemicals at work, such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used for spraying crops and pesticides.

Manufacturers and those who prescribe medicines are also obliged to warn the public about the risks. A significant portion of these drugs are marketed to women who are expecting without warnings about the possibility of birth defect. 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 chemical and pharmaceutical companies. He concentrates his practice on cases where birth defects result from exposure to toxic chemicals in the home by parents such as those that are employed in semiconductor manufacturing or agricultural. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.