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Birth Defect Litigation

Parents want perfect babies However, some injuries occur outside their control. Families could be faced with a large bill when injuries require expensive procedures and special care.

A New York birth defect attorney can help parents grieving and file an appeal to be compensated for future expenses. However, the law puts strict time limitations on the time a claim has to be filed.

Statute of limitations

Modern technology and medical advancements have helped reduce the risks that come with childbirth and pregnancy. Birth defects and injuries do persist. Families need to explore their legal options when they can be prevented.

Many birth defect lawsuits are based upon allegations of medical malpractice. These lawsuits can result from mistakes committed by nurses or doctors staff at any stage of the birth process, including labor and pregnancy. Medical professionals can also be guilty of malpractice following the birth of a child by failing to provide the correct treatment.

In general the statute of limitations in these cases are 2.5 years from the date of the medical error. This time period can be extended to infants. It is essential to speak with an attorney early enough to ensure that all the evidence is collected and that a timely complaint be filed.

In addition to medical malpractice, a lawsuit may also be filed on behalf of a baby for birth defects that result from wrongful exposure to chemicals and toxic substances that occur during the mother's pregnancy. Lawyers specially trained in birth defects can investigate and prosecute these claims on behalf of the family.

When selecting an attorney for a birth injury or defect lawsuit parents should be looking for the following characteristics:

Medical Malpractice

Birth defects can cause a variety of mental and physical issues. Some birth defects may be fatal. Certain of these problems could be genetic while others are caused by environmental exposures or prescription drugs used during pregnancy.

A medical professional or doctor may be accused of negligence when they cause birth defects by their actions or inaction. The most common cases involve medical negligence during labor or delivery. However, they can include any act or inability to act that is in violation of the medical standard of care, for instance, not diagnosing a medical condition or prescribing the wrong medication during pregnancy.

One instance of case is a medication called teratogens. This medication can cause serious birth defects. Doctors typically advise women not to take this medication during pregnancy. It is used to treat seizures. If the woman is exposed to the drug, she must make an insurance claim.

It is essential to choose an attorney with prior experience in these types of cases. Find a firm that has a specialization in this area and Birth Defect Attorney works on an hourly basis, which means you won't have to pay a dime unless you win. Additionally, you should choose an attorney who has strong negotiation and communication abilities. This will ensure that you submit your claim before the statute of limitation expires.

Prescription Drugs

Many birth defects lead to physical or mental disabilities, which require costly medical care and accommodations for the child. Most often, these disorders are genetic, but some of them may be caused by environmental or chemical exposure or medication that the mother consumed during pregnancy.

Drug manufacturers are required to test their products thoroughly and warn consumers about any risks. Sadly certain pharmaceutical companies do not keep up with research or anticipate the potential adverse effects. Certain doctors prescribe dangerous medications to their patients, and some women are not informed about the risks associated with taking certain drugs while pregnant. These drugs, also known as teratogens may cause birth defects such as spina-bifida, in the fetus.

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

When bringing lawsuits against the people responsible for your child's condition it is crucial to gather the most evidence you can. This includes any blood tests, ultrasound images, and medical bills that arose because of the birth defect. This information can help the attorney to determine the value of the case.

Product Liability

Pregnancy can be one of the most exciting and anxiety-inducing experiences in women's lives. However, it's also a time when many medical professionals make mistakes that can cause birth defects. A reputable attorney can assist parents in filing claims and getting the compensation they deserve against those who are responsible for the impairment of their child.

Medical professionals aren't always able to determine the root of birth defects, but most of them can be attributed to chemical or environmental exposure. This could include contact from parents with toxic chemicals at the workplace, such as solvents and glycol ethers used in semiconductor manufacturing, and chemical pesticides used in agriculture and spraying on crops.

In addition, the manufacturer and those who prescribe prescription medications must inform patients of the risks. Yet, a large percentage of these drugs are marketed off-label to women of childbearing age without proper warnings about the possibility of birth defects. This is especially true 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 involving the occurrence birth defects caused by exposure of parents to toxic chemicals, such as those in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.