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Birth Defect Litigation

Parents want their children to be perfect, but some injuries happen beyond their control. When injuries require specialized care and costly procedures, it could cause families to be faced with massive costs.

A New York birth defect lawyer can assist parents who are stunned to file an appeal and obtain compensation to cover the cost of future expenses. The law has strict time limits on when claims can be filed.

Statute of Limitations

Modern medical technology and advancements in medical science have helped to reduce risks associated with pregnancy, childbirth and birth. However, birth defects and injuries can still occur. If they're preventable, families should consider their legal options.

Many birth defect lawsuits are founded on allegations of medical malpractice. These cases can involve errors committed by nurses or doctors at any point in the labor and birth procedures. In addition medical professionals could be guilty of medical malpractice after the birth defect law firm of a baby in the event that they fail to provide proper treatment.

In general, the statutes of limitations in these cases are 2.5 years after the date of the medical error. This time period can be extended for infants. It is important to consult an attorney immediately to ensure that all evidence is gathered and that a timely complaint can be filed.

In addition to medical malpractice, a suit can also be brought on behalf of an infant for birth defects that result from wrongful toxic and chemical exposures that occur during a mother's pregnancy. Lawyers specially trained in birth defects can investigate and pursue these claims on behalf of the family.

Parents should be aware of the following characteristics when choosing an attorney to represent them in a lawsuit for birth defect or injury:

Medical Malpractice

Birth defects can result in an array of mental or physical ailments. Some birth defects can cause death. Some of these problems are inherited, while others are due to environmental exposures or the use of prescription drugs during pregnancy.

A doctor or medical professional could be accused of malpractice in the event of causing birth defects through their actions or inaction. The majority of these cases are caused by medical negligence during labor or delivery. They also encompass any act of failure to be in compliance with a standard of medical care, for example the failure to diagnose an illness or prescribing incorrect medication during pregnancy.

One instance of case is a medication called teratogens. This medication can cause serious birth defects. During pregnancy, doctors typically recommend women not to take this medication, which is utilized to treat seizures. If a pregnant woman is exposed to this medication, she must submit a claim.

It is crucial to select an attorney who is experienced in handling these types of cases. It is best to choose a firm with experience in this field and is on contingency, which means you won't be charged anything until you are successful. Also, search for an attorney who has strong communication and negotiation skills. This will help ensure that your claim is filed before the time limit expires.

Prescription Drugs

Many birth defects result in physical or mental disabilities, which require costly medical care and accommodations for the child. These problems are usually caused by genetics, but can also be caused by environmental or chemical exposure or the use of medications by the mother during pregnancy.

Pharmaceutical manufacturers are required to ensure that their products are tested properly and inform consumers of any potential risks. Unfortunately, some pharmaceutical companies do not keep up with the latest research or fail to anticipate potential adverse effects. In addition, doctors can prescribe dangerous drugs to patients as well as some women do not receive adequate information on the dangers of taking certain drugs during pregnancy. These medications are referred to as teratogens and can cause birth defects in the fetus, such as spina Bifida.

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

It is crucial to gather as the evidence you can before filing a lawsuit against the party responsible. This includes blood tests, ultrasound images and medical bills incurred as a result of the birth defect. This information helps the attorney determine the value of the case.

Product Liability

Pregnancy can be one of the most exciting, but nerve-wracking experiences in the life of a woman. It's also a time when many medical professionals make mistakes that could cause birth defects. An experienced attorney can assist parents file a claim against those responsible for their child's disability and receive the compensation they deserve.

Although the causes of birth defects are usually not understood by medical professionals but a large proportion of birth defects are linked to exposure to chemicals or environmental causes. This can be due to exposure by parents to toxic chemicals at work such as glycol ethers and solvents in semiconductor manufacturing, as well as agricultural chemicals used for pesticides and crop spraying.

The pharmaceutical companies and those who prescribe medications must also inform the public about the dangers of their products. Yet, a large percentage of these medications are sold off-label to women who are pregnant age without proper warnings about the possibility of birth defects. This is particularly applicable to antidepressants, such as Prozac and Zoloft.

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