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Birth Defect Litigation

Certain injuries are beyond the parents of their control. If these injuries require special care and costly procedures, it could result in huge costs for families.

A New York birth defect attorney can assist parents who are in shock to file a claim to get compensation for future expenses. However, the law has strict deadlines the time a claim has to be filed.

Statute of limitations

Modern technology and medical advancements have helped to reduce the risks of childbirth and pregnancy. Birth defects and injuries continue to occur. Families must consider their legal options if they can be prevented.

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 point during the birth defect law firm, labor and delivery processes. In addition, medical professionals can commit medical malpractice after a child's birth by failing to provide proper care.

In general, the statutes of limitations for these cases is 2.5 years after the date of the medical malpractice. This time frame can be extended for infants. It is essential to speak with an attorney immediately to ensure that all evidence is gathered and that a timely complaint can be filed.

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

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

Medical Malpractice

Birth defects can cause numerous mental or physical issues. Certain birth defects can be fatal. Some of these issues may be caused by genetics and others may be caused by exposure to the environment or prescription drugs taken during pregnancy.

Medical professionals or doctors can be accused of negligence when they cause birth defect attorneys defects due to their actions or inaction. These cases usually involve medical negligence during the birth or labor process. They can also include any act of failure to act which falls below a standard of medical care, like the failure to diagnose an illness or prescribing incorrect medication during pregnancy.

One such case involves teratogens. These medications can lead to birth defects that are serious. Doctors typically advise women not to take this medication during pregnancy. It is used to treat seizures. If a woman who is pregnant is exposed to this drug, she should make an insurance claim.

It is important that you select an attorney who has previous experience in these cases. You should choose an attorney who has extensive experience in this field. It also operates on contingency basis, which means you don't have to pay anything until you win. Additionally, you should choose an attorney with excellent negotiation and communication skills. This can help ensure that your claim is filed before the time for filing expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities which require costly medical care and accommodations for the child. Most of the time, these issues are genetic, however some of them are caused by environmental or chemical exposure or medication that the mother took during pregnancy.

Drug manufacturers are required to adequately test their products and warn consumers of any potential risks. Unfortunately, some pharmaceutical companies fail to keep up with research or anticipate the potential adverse effects. Certain doctors prescribe dangerous drugs to their patients and some women aren't aware of the dangers associated with using certain drugs during pregnancy. These drugs are referred to as teratogens, and they can cause birth defects within the fetus including spina Bifida.

Other substances that may cause birth defects include chemicals used in manufacturing and agriculture, as well as heavy metals like mercury that are contaminating air or groundwater. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women to harmful chemicals and substances that could affect their reproductive health and cause birth defects.

When bringing lawsuits against the parties accountable for your child's condition it is essential to gather as much evidence as possible. This includes any ultrasound scans, blood tests, and medical bills that arose as a result of the birth defect. This helps the attorney establish the financial worth of the case.

Product Liability

Pregnancy is one of the most exciting and nerve-wracking events in a woman's lifetime. But it's also a time when medical professionals can make mistakes that could cause birth defects. A top attorney can help parents make a claim against those responsible for their child's disability and receive the proper compensation they're entitled to.

Medical experts aren't always able to pinpoint the specific cause of birth defects, but many of them can be due to environmental or chemical exposure. This could be due to contact by parents with toxic chemicals in the workplace, for example glycol ethers and solvents that are used in semiconductor manufacturing and agricultural chemicals used for pesticides as well as spraying of crops.

In addition, manufacturers and those who prescribe prescription drugs are required to inform patients of the risks. However, a lot of these medications are sold off-label to women who are pregnant age without warnings regarding the possibility of birth defects. This is particularly relevant for antidepressants like Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defects lawsuits against pharmaceutical and chemical companies. His practice is centered around cases where birth defects are caused by parental exposure to toxic chemical, such as those employed in semiconductor manufacturing or agriculture. He is a graduate from the American University in Washington, D.C. and Suffolk University Law School.