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Birth Defect Litigation

Some injuries are beyond the parents of their control. If these injuries require special treatment and expensive procedures, it could result in huge costs for Birth Defect Lawsuits families.

A New York birth defect lawyer can help stunned parents file an appeal and obtain compensation to cover the cost of future expenses. The law has strict time limitations on when claims can be filed.

Statute of Limitations

Modern technology and medical advances have helped reduce the risks associated with pregnancy and childbirth. Birth defects and injuries persist. Families must consider their legal options when they can be prevented.

Many birth defect lawsuits are founded on allegations of medical malpractice. These cases could involve mistakes made by nurses or doctors staff at any stage of pregnancy, labor and birth. Medical professionals may also be guilty of malpractice following the birth of a child if they fail provide proper treatment.

Generally, the time limit for these cases is 2.5 years from when the act was committed of medical malpractice. This time frame can be extended for infants. However, it is important to seek legal counsel as soon as possible to ensure that all evidence is gathered and that a timely claim be filed.

In addition to medical malpractice, a suit may also be filed on behalf of a baby for birth defects caused by improper exposure to chemicals and toxic substances that occur during a mother's pregnancy. Specially trained birth defects lawyers are able to investigate these claims and prosecute them on behalf of the family.

When choosing an attorney to represent them in a birth injury or defect lawsuit parents should be looking for the following qualities:

Medical Malpractice

Birth defects can lead to an array of mental or physical issues. Certain birth defects can be fatal. Some of these problems are inherited, while others are due to exposure to the environment or the use of prescription drugs during pregnancy.

A doctor or medical professional could be accused of malpractice when they cause birth defects by their actions or inaction. These cases usually are based on medical negligence during delivery or labor. However, they may also include any act or inability to act that is not in the range of a medical standard of care, for instance, failing to diagnose a problem or prescribing the wrong medication during pregnancy.

One example is involving teratogens. These drugs can result in serious birth defects. In the course of pregnancy, doctors generally advise women to not take this medication, which is commonly used to treat seizures. If a woman is exposed to the drug then she must file an action.

It is crucial to select an attorney who is experienced in handling these kinds of cases. You should seek out a firm with years of experience in this field and works on contingency, so you don't have to pay anything until you win. Look for an attorney with excellent communication and negotiation skills. This will help to ensure that you file your claim before the statute of limitation expires.

Prescription Drugs

Many birth defects cause mental or physical disabilities, that require costly medical treatment and accommodations for the child. These conditions are often genetic, but they can also be caused by chemical or environmental exposure or the use of medications by the mother during pregnancy.

Pharmaceutical companies are required to test their products thoroughly and inform the public about the potential dangers. Unfortunately, some pharmaceutical companies fail to keep up to date with the latest research or fail to anticipate potential adverse effects. Some doctors recommend dangerous drugs to their patients and some women are not aware of the risks associated with using certain drugs during pregnancy. These medications, also known as teratogens may cause birth defects, such as spina-bifida, in the fetus.

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

When bringing a lawsuit against the parties accountable for birth defect lawsuits your child's condition, it is important to gather as much evidence as you can. This includes blood tests, ultrasound images, and medical bills that arose as a result of the birth defect. This information can help attorneys determine the value of the case.

Product Liability

Pregnancy is among the most exciting and anxiety-inducing experiences in the life of a woman. But it's also a period when medical professionals can make mistakes that can cause birth defects. A top attorney can assist parents in filing claims and getting the amount they deserve from those who are responsible for the impairment of their child.

Although the causes of birth defects are typically unknown to medical experts however, a significant proportion can be linked to environmental or chemical exposure. This could be due to contact by parents with toxic chemicals at the workplace, for example glycolethers and solvents utilized in semiconductor manufacturing, and agricultural chemicals for pesticides and spraying crops.

Manufacturers and those who prescribe medication also have a duty to warn the public about their risks. A large number of these drugs are marketed to women who are pregnant, without warnings about the risk of birth defects. This is especially relevant for antidepressants like 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 result from parental exposure to toxic chemical like those used in semiconductor manufacturing or agricultural. He graduated from the American University in Washington, D.C., and Suffolk University Law School.