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Birth Defect Litigation

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

A New York birth defect attorney can help parents grieving and file an action to receive compensation for future expenses. The law has strict time limits on when claims can be filed.

Statute of limitations

Modern technology and medical advancements have helped reduce the risks that come with childbirth and pregnancy. However, birth defects and injuries continue to occur. Families must consider their legal options if they can be prevented.

Many birth defect suits are based on claims of medical malpractice. These cases may involve errors made by doctors or nursing personnel at any stage of pregnancy, labor and birth. In addition, medical professionals can commit medical malpractice after the birth of a child, in the event that they fail to provide proper care.

In general the statute of limitations for these cases is 2.5 years after the date of the medical mistake. For infants, the time period may be extended. It is nevertheless important to seek legal advice immediately to ensure that all evidence is collected and that a timely claim can be filed.

In addition to medical malpractice, a lawsuit could also be filed on behalf of an infant for birth defects resulting from improper exposure to chemicals and toxic substances that occur during the mother's pregnancy. Specially trained birth defect lawyers can investigate and prosecute these claims 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 lead to a variety of mental and physical problems. Some of them can be fatal. Some of these issues are inherited, while others are caused by exposure to the environment or the use of prescription drugs during pregnancy.

Medical professionals or doctors could be convicted of malpractice when they cause birth defects through their actions or inaction. These cases usually are due to medical negligence during labor or delivery. They also encompass any 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 example of situation involves a drug known as teratogens, which could cause birth defects that are serious. Doctors typically 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 submit an insurance claim.

It is crucial to select an attorney who has experience in handling these kinds of cases. It is best to choose a firm that has years of experience in this field and is based on contingency, meaning that you won't be charged nothing until you win. Find an attorney who has outstanding negotiation and communication skills. This will ensure that your claim is filed before the time for filing expires.

Prescription Drugs

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

Drug makers are required to test their products correctly and inform the public of any risks that could be present. Sadly certain pharmaceutical companies do not keep up with research or anticipate possible side consequences. Furthermore, doctors may prescribe dangerous drugs to patients and women may not have adequate information about the dangers of taking certain medications during pregnancy. These drugs, known as teratogens can cause birth defects such as spina-bifida, in the fetus.

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

If you decide to file lawsuits against the people that are accountable for your child's health It is crucial to gather the most evidence you can. This includes ultrasound scans, blood tests and medical bills that arise because of the birth defect. This information can help the attorney determine the value of the case.

Product Liability

Pregnancy is among the most exciting, and anxious experiences of a woman's lifetime. It's also a time where many medical professionals can make mistakes that lead to birth defects. A top lawyer can assist parents in submitting a claim and obtaining the compensation they deserve against those responsible for the handicap of their child.

Medical experts aren't always able determine the specific cause of birth defects, but a large number can be attributable to environmental or chemical exposure. This could be due to contact by parents with toxic chemicals in the workplace, like glycol ethers and solvents that are used in semiconductor manufacturing as well as chemical pesticides used in agriculture and spraying on crops.

The manufacturers and the people who prescribe medications are also required to inform the public about their risks. However, a significant portion of these medications are sold off-label to women of childbearing age without adequate warnings about the risk of birth defects. This is especially relevant for antidepressants like Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defects lawsuits against chemical and pharmaceutical companies. He concentrates his practice on cases where birth defects are caused by exposure to toxic chemicals in the home by parents, such as those employed in semiconductor manufacturing or agricultural. He is a graduate from the American University in Washington, D.C. as well as Suffolk University Law School.