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Birth Defect Litigation

Parents want their children to be perfect However, some accidents happen outside their control. Families are left with a huge bill when injuries require expensive procedures and special care.

A New York birth defect lawyer can help stunned parents file claims and receive compensation to pay for future expenses. The law has strict time limitations for when claims can be filed.

Statute of limitations

Modern technology and medical advancements have helped to reduce the risks associated with childbirth and pregnancy. However, birth defects and injuries continue to occur. When they are preventable, families should consider their legal options.

Many birth defect lawsuits are based on allegations of medical malpractice. These lawsuits can be based on mistakes made by nurses or doctors at any time during pregnancy, labor and delivery procedures. Medical professionals may also commit malpractice 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 after the date of the medical malpractice. This time frame is extended for infants. But, it is crucial to seek legal advice immediately to ensure that all evidence has been collected and that a timely claim can be filed.

A lawsuit can be filed on behalf of a child to claim 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.

Parents should consider the following factors when choosing an attorney to represent them in a lawsuit for birth defect or injury:

Medical Malpractice

Birth defects can result in a wide range of physical or mental problems. Some of them could be fatal. Some of these issues are inherited, whereas others are due to exposure to the environment or the use of prescription drugs during pregnancy.

A doctor or medical professional could be convicted of malpractice when they cause birth defects due to their actions or inaction. These cases usually are based on medical negligence during labor or delivery. However, they can also include any act or inability to act that is not in the range of the medical standard of care, like failing to diagnose a problem or prescribing the wrong medicine during pregnancy.

One example of this type of situation is a drug called teratogens. This medication can cause birth defects that are serious. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If a pregnant woman is exposed to this drug, she should file an insurance claim.

It is crucial to select an attorney who has handled these kinds of cases. Choose a law firm that is experienced in this area, and works on an hourly basis, which means you don't pay anything unless you are successful. Also, search for a lawyer with strong negotiation and communication skills. This will ensure that your claim is filed before the time for filing expires.

Prescription Drugs

Many birth defects can cause mental or physical disabilities that require costly medical treatment and accommodations for the child. Often, these conditions are genetically inherited, but some can be caused by environmental or chemical exposure or medication that the mother was taking during pregnancy.

Pharmaceutical companies are required to test their products correctly and inform the public of any potential risks. Sadly, some pharmaceutical companies do not keep up with research or foresee potential side consequences. Certain doctors prescribe dangerous drugs to their patients, and some women aren't aware of the risks of taking certain drugs while pregnant. These drugs, known as teratogens, may cause birth defects such as spina-bifida, in the fetus.

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

If you decide to file lawsuits against the parties that are accountable for your child's health it is crucial to gather as much evidence as possible. This includes any ultrasound images, blood tests and medical bills that came up due to the birth defect. This information will help the attorney determine the value of the case.

Product Liability

Pregnancy is one of the most exciting and nerve-wracking times in a woman's life. However, it's also a time where many medical professionals make mistakes that could lead to birth defects. A reputable attorney can assist parents in filing an action and obtaining the money they deserve from those responsible for the disability of their child.

Medical experts are not always able of determining the specific cause of birth defects, however many of them can be attributable to environmental or chemical exposure. This can include exposure by parents to harmful chemicals at work, such as glycol ethers and solvents in semiconductor manufacturing, as well as agricultural chemicals used for pesticides and crop spraying.

Additionally, the manufacturers and the people who prescribe prescription medications have a responsibility to warn patients of the risks. However, a significant portion of these drugs are offered off-label to women who are pregnant age, without warnings about the possibility of 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 concentrates his practice on cases where birth defects are caused by exposure to toxic chemicals by parents like those employed in semiconductor manufacturing or agriculture. He graduated from the American University in Washington, D.C. and Suffolk University Law School.