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Birth Defect Litigation

Some injuries are out of the parents or their control. Families are left with a large bill when injuries require costly procedures and special care.

A New York birth defect lawyer can help stunned parents file a claim and get compensation to cover the cost of future expenses. The law has strict deadlines on when claims can be filed.

Statute of Limitations

Modern technology and medical advances have aided in reducing the risks related to pregnancy, childbirth and birth. However birth defects and injuries still occur. If they can be prevented, families must explore their legal options.

Many birth defect lawsuits stem from allegations of medical malpractice. These cases can involve mistakes made by nurses or doctors personnel at any stage of labor, pregnancy and birth. In addition medical professionals could be guilty of medical malpractice after the birth of a child, in the event that they fail to provide the proper treatment.

Generally, the time-limit for these cases is 2.5 years from the date of the incident of medical malpractice. This time frame is extended for infants. It is essential to talk with an attorney immediately to ensure that all the evidence is gathered and that a timely complaint can be filed.

In addition to medical malpractice, a lawsuit could also be filed on behalf of an infant for birth defects caused by improper exposure to chemicals and toxic substances that occur during a mother's pregnancy. Specially trained birth defect lawyers can investigate and pursue these claims on behalf of the family.

Parents should consider the following aspects when choosing an attorney to represent their interests in a lawsuit filed for birth defect or injury:

Medical Malpractice

Birth defects can trigger a wide range of mental or physical issues. Some birth defects can cause death. Some of these issues are inherited, while others are due to exposure to environmental factors or the usage of prescription drugs during pregnancy.

A medical professional or doctor could be accused of misconduct if they cause a birth defect through their actions or inaction. The majority of these cases are caused by medical negligence during delivery or labor. They can also include any perform a task that is not within the standard of medical care, for example the failure to diagnose an illness or prescribing incorrect medication during pregnancy.

One instance of case involves a medication known as teratogens, which could cause serious birth defects. In the course of pregnancy, doctors generally recommend women not to take this medication, which is commonly used to treat seizures. If a pregnant woman is exposed to this drug, she should file an insurance claim.

It is crucial to choose an attorney with prior experience in these types of cases. You should seek out a firm with experience in this field and works on contingency, so you won't have to pay any fees until you win. Choose an attorney with excellent communication and negotiation skills. This will ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

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

Drug manufacturers have an obligation to ensure that their products are tested properly and warn consumers about any potential risks. Unfortunately some pharmaceutical companies are not keeping up with the latest research or fail to anticipate possible adverse consequences. Additionally, doctors can prescribe dangerous medications to their patients, and some women do not receive the correct information regarding the risks associated with taking certain medications during pregnancy. These drugs are known as teratogens. They can cause birth defects in the fetus. This includes spina Bifida.

Other substances that can cause birth defects are chemicals used in the agricultural and manufacturing industries, and heavy metals like mercury that affect groundwater or the air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women chemicals and substances that could cause harm to their reproductive health and cause birth defects.

It is essential to gather as the evidence you can prior to filing a lawsuit against the party responsible. This includes any ultrasound scans, blood tests and medical bills incurred because of the birth defect. This assists the attorney in determining 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. But it's also a period when many medical professionals make mistakes that could lead to birth defects. A top lawyer can help parents make a claim against those who are responsible for their child's disabilities and get the justice they deserve.

While the causes of birth defects are typically not understood by medical professionals but a large proportion of birth defect law firms defects can be linked to exposure to chemicals or environmental factors. This could include exposure of parents to toxic chemicals at work such as glycol ethers and solvents in semiconductor manufacturing, as well as agricultural chemicals used in spraying for crops and pesticides.

Manufacturers and those who prescribe medication must also inform the public about their risks. However, a lot of these drugs are offered off-label to women of childbearing age without proper warnings about the possibility of birth defects. This is particularly applicable to antidepressants such Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. His practice focuses on cases involving the occurrence birth defects that result from exposure of parents to toxic chemicals, which includes those used in semiconductor manufacturing and agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.