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Birth Defect Litigation

Some injuries are beyond the parents in their control. If these injuries require special care and costly procedures, it could cause families to incur huge costs.

A New York Birth Defect lawyer, aragaon.net, can help stunned parents file a claim and get compensation to pay for future expenses. The law has strict time limitations on when claims can be filed.

Statute of Limitations

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

Many birth defect suits are based on allegations of medical malpractice that occurred. These cases can involve errors made by nurses or doctors at any time during the labor and birth procedures. Medical professionals may also be negligent after the birth of a baby in the event that they fail to provide appropriate treatment.

In general, the statutes of limitation for these cases is 2.5 years from the date of the medical malpractice. For infants, the time period can be extended. But, it is crucial to seek legal counsel as soon as you can to ensure that all evidence has been collected and that a timely claim can be filed.

A lawsuit may be filed on behalf of a child for birth defects caused by toxic and chemical exposures during the pregnancy. Specially trained birth defect lawyers can investigate and pursue these claims on behalf of the family.

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

Medical Malpractice

Birth defects can cause many mental or physical problems. Some may even be fatal. Some of these issues could be genetic, while others are caused by exposure to environmental factors or prescription medications used during pregnancy.

Medical professionals or doctors can be accused of negligence when they cause birth defects due to their actions or inaction. These cases usually involve medical negligence during labor or delivery. However, they can comprise any act or failure to act that is not in the range of a medical standard of care, such as failing to diagnose a problem or prescribing the wrong medicine during pregnancy.

One example is involving the teratogens. These medications 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 pregnant woman is exposed to this medication, she must submit an insurance claim.

It is vital to select an attorney who has previous experience in these cases. Look for a law firm that is specialized in this area and works on the basis of a contingent fee, which means you don't have to pay any fees unless you get the case won. Find an attorney who has excellent communication and negotiation skills. This will help to ensure that you file your claim before the time for filing expires.

Prescription Drugs

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

Pharmaceutical manufacturers are required to thoroughly test their products and warn consumers of any potential risks. Unfortunately, some pharmaceutical companies are not keeping up with the latest research or fail to anticipate possible side consequences. Moreover, doctors may prescribe dangerous medications to their patients and some women do not receive the correct information regarding the risks of taking certain drugs during pregnancy. These drugs are referred to as teratogens, and they could cause birth defects in the fetus, including spina bifida.

Other substances that can cause birth defects are the chemicals used in the agricultural and manufacturing industries, as well as heavy metals like mercury, which can contaminate groundwater or air. Diane Paolicelli's legal career is focused on fighting powerful corporations that expose women to toxic chemicals and substances that could cause harm to their reproductive health and lead to birth defects.

When filing lawsuits against the people accountable for your child's condition it is crucial to gather as much evidence as possible. This includes any ultrasound images, blood tests and medical bills that arose because of the birth defect. This information helps the attorney assess the worth of the case.

Product Liability

Pregnancy is among the most exciting, yet anxious experiences of the life of a woman. It's also a time where medical professionals are prone to making mistakes that result in birth defects. A top attorney can assist parents in submitting an action and obtaining the compensation they deserve from those who are responsible for the impairment of their child.

Medical professionals aren't always able to determine the exact cause of birth defects, however most of them can be attributed to chemical or environmental exposure. This can include parental contact with toxic chemicals in the workplace, like glycolethers and solvents utilized in semiconductor manufacturing, and agricultural chemicals used for pesticides and spraying of crops.

Manufacturers and those who prescribe medications are also required to inform the public about the risks. A majority of these medications are sold to women who are pregnant without warnings of the possibility of birth defect. This is particularly true for antidepressants such as Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defects lawsuits against pharmaceutical and chemical companies. His practice is centered around cases where birth defect law firms defects are caused by exposure to toxic chemicals by parents like those used in semiconductor manufacturing or agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.