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Birth Defect Litigation

Parents want perfect children However, some accidents happen out of their control. Families are left with huge bills when these injuries require expensive procedures and specialized care.

A New York birth defect attorney can help parents in shock to file an appeal to be compensated for future expenses. However, the law puts strict deadlines on when a claim should be filed.

Statute of Limitations

Modern medical technology and advances have reduced the risks associated with childbirth, pregnancy and birth. Birth defects and injuries still occur. Families should consider their legal options if they are preventable.

Many birth defect lawsuits are based on allegations of medical malpractice. These cases can involve errors made by nurses or doctors at any time during labor and delivery processes. Medical professionals can also be guilty of malpractice following the birth of a baby when they fail to provide the proper treatment.

In general the statute of limitations in these cases are 2.5 years from the date of the medical mistake. For infants, this period may be extended. It is essential to speak with an attorney whenever you can to ensure that all evidence is collected and that a timely complaint be filed.

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

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

Medical Malpractice

Birth defects can trigger an array of mental or physical problems. Certain birth defects could cause death. Certain of these problems could be genetic while others are triggered by environmental exposures or prescription drugs used during pregnancy.

A medical professional or doctor could be convicted of malpractice if they cause birth defects due to their actions or inaction. These cases usually are caused by medical negligence during delivery or labor. They can also be a result of any be in compliance with a standard of medical treatment, for instance not diagnosing an illness or prescribing the wrong medication during pregnancy.

One example of situation involves a drug known as teratogens, which could cause serious birth defect law firm 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 medication, she must file an insurance claim.

It is essential to choose an attorney with prior experience in these types of cases. It is best to choose an attorney who has years of experience in this field and works on contingency, so you don't have to pay anything until you are successful. Also, you should look for an attorney with excellent negotiation and communication skills. This will ensure that you make your claim in time before the time for filing expires.

Prescription Drugs

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

Drug manufacturers are required to adequately test their products and inform consumers of any risks. Sadly some pharmaceutical companies fail to keep up with the latest research or anticipate the potential adverse consequences. Moreover, doctors may prescribe dangerous drugs to their patients and women may not receive adequate information on the dangers of taking certain medications during pregnancy. These are known as teratogens. They can cause birth defects in the fetus, including 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 that pollute groundwater and air. Diane Paolicelli's legal career has been dedicated to combating powerful corporations that expose women to harmful chemicals and substances that may affect their reproductive health or cause birth defects.

When filing a lawsuit against the parties that are accountable for your child's health it is crucial to gather as much evidence as you can. Included in this are any ultrasound images, blood tests, and medical bills incurred due to. 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 a woman's lifetime. However, it's also a time where medical professionals often make mistakes that could cause birth defects. A top lawyer can help parents file a claim against those responsible for their child's disability and receive the justice they deserve.

While the causes of birth defects are generally unknown to medical professionals however, a significant proportion can be linked to exposure to chemicals or environmental factors. 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 spraying for crops and pesticides.

Manufacturers and those who prescribe medications also have a duty to inform people about the dangers. Yet, a substantial portion of these drugs are offered off-label to women of childbearing age, without warnings about the potential for birth defects. This is especially true for antidepressants such as 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 resulting from exposure of parents to toxic chemicals, including those in semiconductor manufacturing and agriculture. He is a graduate of the American University in Washington, D.C., and Suffolk University Law School.