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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 care and costly procedures, it could result in huge costs for families.

A New York birth defect attorney can assist parents shocked to file a claim to get compensation for future expenses. However, the law imposes strict deadlines when a claim should be filed.

Statute of Limitations

Modern medical technology and advancements in medical science have helped to reduce risks that are associated with childbirth, pregnancy and birth. Birth defects and injuries do still occur. If they're preventable families need to explore their legal options.

Many birth defect lawsuits are founded on allegations of medical malpractice. These cases could involve mistakes made by doctors or nursing staff at any point during labor, birth and pregnancy. Medical professionals can also be guilty of malpractice following the birth of a baby when they fail to provide the proper treatment.

Generally, the statute of limitations in these cases is 2.5 years from when the act was committed of medical malpractice. This time period can be extended for infants. But, it is crucial to seek legal counsel early enough to ensure that all evidence has been collected and that a timely claim be filed.

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

When choosing an attorney for a birth injury or defect lawsuit parents should be looking for the following characteristics:

Medical Malpractice

Birth defects can result in an array of physical or mental problems. Some birth defects can cause death. Some of these issues may be caused by genetics while others are caused by environmental exposures or prescription drugs taken during pregnancy.

A medical professional or doctor could be convicted of malpractice when they cause birth defects by 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 perform a task that is not within the standard of medical care, for example the failure to diagnose an illness or prescribing the wrong medication during pregnancy.

One of these cases involves Teratogens. These drugs can cause serious birth defects. Doctors typically advise women not to take this medication during pregnancy. It is used to treat seizures. If the woman is exposed to the drug then she should file an insurance claim.

It is crucial to select an attorney with experience handling these kinds of cases. Choose a law firm that has a specialization in this area and operates on the basis of a contingent fee, which means you don't pay anything unless you succeed. Also, search for a lawyer who has excellent negotiation and communication skills. This will help ensure that your claim is filed before the time limit expires.

Prescription Drugs

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

Drug makers are required to ensure that their products are tested properly and warn the public of any risks that could be present. Unfortunately, some pharmaceutical companies fail to keep up-to-date with the latest research or fail to anticipate possible side consequences. Certain doctors prescribe dangerous medications to their patients, and some women are not informed about the risks of taking certain drugs while pregnant. These drugs, known as teratogens can cause birth defects such as spina-bifida, which is a birth defect in the fe.

Other substances that may 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 has dedicated her legal career to fighting against powerful corporations that expose women to toxic chemicals and substances that could affect their reproductive health and cause birth defects.

It is essential to gather as many evidences as you can prior to making a claim against the parties accountable. Included in this are any ultrasound images as well as blood tests and medical bills that are incurred due to. This information will help the attorney determine the value of the case.

Product Liability

Pregnancy is one of the most exciting and nerve-wracking moments in a woman's life. It's also a time when medical professionals are prone to making mistakes that cause birth defects. An experienced attorney can help parents bring a lawsuit against those who are responsible for their child's disabilities and obtain the compensation they deserve.

Medical professionals aren't always able to pinpoint the exact cause of birth defects, however a large number can be due to environmental or chemical exposure. This can include parental contact with toxic chemicals at the workplace, like glycolethers and solvents utilized in semiconductor manufacturing as well as agricultural chemicals for pesticides and spraying of crops.

Additionally, the manufacturers and those who prescribe prescription medications have a responsibility to inform consumers of the dangers. However, a lot of these drugs are marketed off-label to women of childbearing age without warnings regarding the risk of birth defects. This is particularly the case with antidepressants such as 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 defect attorney defects result from parental exposure to toxic chemical, such as those employed in semiconductor manufacturing or agriculture. He graduated of the American University in Washington, D.C., and Suffolk University Law School.