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Birth Defect Litigation

Parents want perfect children However, some accidents happen out of their control. When these injuries require special treatment and expensive procedures, it can cause families to incur huge costs.

A New York birth defect lawyer can assist parents who are shocked to file an action and receive compensation to cover future expenses. The law has strict deadlines on when a claim may be filed.

Statute of Limitations

Modern technology and medical advances have helped reduce the risks associated with childbirth and pregnancy. However, birth defect attorneys defects and injuries continue to occur. Families need to explore their legal options if they can be prevented.

Many birth defect lawsuits are based on allegations of medical malpractice. These cases can involve errors made by nurses or doctors at any time during the birth, labor and delivery processes. Medical professionals can also commit malpractice after the birth of a baby by failing to provide the correct treatment.

In general, the statutes of limitation for these cases is 2.5 years from the date of the medical negligence. For infants this is sometimes extended. But, it is crucial to seek legal advice immediately to ensure that all evidence is obtained and that a timely claim be filed.

In addition to medical malpractice, a lawsuit can also be filed on behalf of a baby for birth defects caused by wrongful toxic and chemical exposures 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 choosing an attorney for a birth defect or birth injury lawsuit parents should look for the following qualities:

Medical Malpractice

Birth defects can trigger an array of mental or physical issues. Certain birth defects can cause death. Some of these issues are inherited, 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 if they cause a birth defect through their actions or inaction. These cases usually are based on medical negligence during delivery or labor. However, they can include any act or failure to act that is not in the range of the medical standard of care, like failing to diagnose a condition or prescribing the wrong medication during pregnancy.

One example is involving the teratogens. These drugs can cause birth defects that are serious. Doctors usually advise women not to take this medication during pregnancy. It is used to treat seizures. If a woman who is pregnant is exposed to this medication, she must make an insurance claim.

It is essential to select an attorney with expertise in these kinds of cases. Find a law firm that specializes in this area and works on an hourly basis, which means you won't have to pay a dime unless you get the case won. Also, you should look for an attorney with excellent communication and negotiation abilities. This will help ensure that you submit your claim before the statute of limitations expires.

Prescription Drugs

A lot of birth defects can cause mental or physical disabilities, that require expensive medical treatment and accommodations for the child. These conditions are often genetic, but can also be caused by environmental or chemical exposure or medication taken by the mother during pregnancy.

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

Other substances that could cause birth defects are chemicals employed in the production and agricultural industries as well as heavy metals, like mercury that are contaminating groundwater or the air. Diane Paolicelli's legal profession has been dedicated to combating powerful corporations that expose women to harmful substances and chemicals that can harm their reproductive health or lead to birth defects.

It is essential to gather as many evidences as you can prior to filing a lawsuit against the parties responsible. This includes ultrasound scans, blood tests, and medical bills that arise because of the birth defect. This information assists attorneys determine the worth of the case.

Product Liability

Pregnancy is among the most exciting and nerve-wracking experiences a woman can go through in her life. It's also a time when many medical professionals can make mistakes that can lead to birth defects. A top lawyer can assist parents in filing an action and obtaining the amount they deserve from those responsible for the handicap of their child.

Medical experts aren't always able of determining the root of birth defects, but the majority of them can be caused by environmental or chemical exposure. This can include parental contact with toxic chemicals at the workplace, such as glycol ethers and solvents used in semiconductor manufacturing, and agricultural chemicals used for pesticides and spraying of crops.

Additionally, the manufacturers and those who prescribe prescription medications are required to inform patients of the risks. Yet, a large percentage of these medications are sold off-label for women of childbearing age, without warnings about the possibility of birth defects. This is particularly relevant 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. His practice is centered around cases involving the development of birth defects resulting from parental exposure to toxic chemicals, including the ones used in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.