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Birth Defect Litigation

Parents want perfect babies, but some injuries happen out of their control. Families may be left with a huge bill when injuries require costly procedures and special attention.

A New York birth defect attorney can help parents grieving and file an appeal to be compensated for future expenses. However, the law places strict deadlines on when a claim must be filed.

Statute of Limitations

Modern technology and medical advancements have reduced the risks related to pregnancy, childbirth and birth. However, birth defects and injuries continue to occur. Families must consider their legal options if they are preventable.

Many birth Defect lawsuit defect lawsuits are based on allegations of medical malpractice. These cases could involve mistakes made by nurses or doctors at any time during birth, labor and delivery processes. Additionally medical professionals can be guilty of medical malpractice after the birth of a baby if they fail to provide proper care.

In general, the statutes of limitations in these cases are 2.5 years from the date of the medical malpractice. For infants, the time can be extended. It is essential to talk with an attorney early enough to ensure that all evidence is collected and that a timely complaint be filed.

A lawsuit may be filed on behalf of a child in relation to birth defects that are caused by toxic and chemical exposures during the pregnancy. Specially trained birth defect lawyers can investigate and prosecute these claims on behalf of the family.

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

Medical Malpractice

Birth defects can trigger numerous mental or physical issues. Some birth defects can cause death. Some of these problems may be caused by genetics and others may be caused by environmental exposures or prescription drugs used during pregnancy.

A doctor or medical professional could be accused of malpractice if they cause birth defects by their actions or inaction. The majority of these cases are due to medical negligence during delivery or labor. However, they can be a result of any action or failure to act that is in violation of a medical standard of care, for instance, failing to recognize a medical issue or prescribing the wrong medicine during pregnancy.

One such type of situation involves a drug called teratogens. It can 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 pregnant woman is exposed to this medication, she must file an insurance claim.

It is essential to select an attorney who has prior experience in these types of cases. You should look for an attorney who has expertise in this area and works on contingency, so you won't have to pay anything until you are successful. Also, search for a lawyer with strong negotiation and communication skills. This will help ensure that you make your claim in time before the statute of limitation expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities that require expensive medical treatment and accommodations for the child. The majority of these problems are genetically inherited, but some of them can be caused by environmental or chemical exposure, or medications that the mother took while pregnant.

Drug manufacturers are required to test their products thoroughly and inform consumers of any risks. Unfortunately certain pharmaceutical companies don't keep up-to-date with the latest research or fail to anticipate potential adverse effects. Moreover, doctors may prescribe dangerous medications to their patients and women may not receive the correct information regarding the risks of taking certain medications during pregnancy. These are known as teratogens, and they can cause birth defects in the fetus. This includes 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 pollute groundwater and air. Diane Paolicelli's legal career has been focused on combating powerful corporations that expose women to toxic substances and chemicals that can harm their reproductive health or lead to birth defects.

It is crucial to collect as all evidence you can prior to making a claim against the parties responsible. This includes blood tests, ultrasound images, and medical bills that came up as a result of the birth defect. This assists the attorney in determining the monetary value of the case.

Product Liability

Pregnancy is among the most exciting, yet anxiety-inducing experiences in a woman's lifetime. It's also a time where many medical professionals can make mistakes that result in birth defects. A top lawyer can assist parents in submitting a claim and obtaining the money they deserve from those responsible for the handicap of their child.

While the causes of birth defects are often not understood by medical professionals however, a significant proportion can be attributed to exposure to chemicals or environmental factors. This can include exposure by parents to toxic chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, as well as agricultural chemicals used in crop spraying and pesticides.

Furthermore, manufacturers and those who prescribe prescription medicines have a responsibility to warn consumers of the dangers. Yet, a large percentage of these drugs are marketed off-label to women of childbearing age without proper warnings about the potential for 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 pharmaceutical and chemical companies. He focuses his practice on cases where birth defects are caused by exposure of parents to toxic chemicals such as those that are used in semiconductor manufacturing or agriculture. He graduated from the American University in Washington, D.C. and Suffolk University Law School.