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Birth Defect Litigation

Certain injuries are beyond the parents' control. When these injuries require special treatment and expensive procedures, it could leave families with huge expenses.

A New York birth defect attorney can help parents in shock to file a claim to get compensation for future expenses. However, the law has strict time limitations on when a claim must be filed.

Statute of limitations

Modern medical technology and advances have helped to reduce risks associated with pregnancy, childbirth and birth. Birth defects and injuries persist. If they're preventable families must explore their legal options.

Many birth defect lawsuits are founded on allegations of medical malpractice. These lawsuits can result from mistakes made by nurses or doctors personnel at any stage of the birth process, including labor and pregnancy. Medical professionals can also commit malpractice after the birth of a child 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. For infants, the time period may be extended. However, it is essential to seek legal advice as soon as you can to ensure that all evidence is collected and that a timely claim can be filed.

In addition to medical malpractice, a suit can also be filed on behalf of a baby for birth defects resulting from improper toxic and chemical exposures that occur during a mother's pregnancy. Specially trained birth defect lawyers can investigate and prosecute these claims on behalf of the family.

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

Medical Malpractice

Birth defects can lead to many mental or physical problems. Some of them can be fatal. Some of these issues could be caused by genetics while others are triggered by environmental exposures or prescription medications taken during pregnancy.

A medical professional or doctor could be accused of malpractice if they cause birth defects through their actions or inaction. These cases typically involve medical negligence during labor or delivery. However, they can also include any act or failure to act that falls short of the medical standard of care, such as not diagnosing a medical condition or prescribing the wrong medicine during pregnancy.

One example of this type of case involves a medication called teratogens. This medication can cause serious birth defects. During pregnancy, doctors usually advise women to stay clear of this medication, which is utilized to treat seizures. If a pregnant woman is exposed to this drug, she should make a claim.

It is important to select an attorney who is experienced in handling these types of cases. You should seek out an attorney who has experience in this field and is based on contingency, meaning that you won't have to pay nothing until you win. Look for an attorney with great negotiation and communication skills. This will help to ensure that you file your claim before the time for filing expires.

Prescription Drugs

Many birth defects cause mental or physical disabilities which require costly medical care and accommodations for the child. These conditions are often genetic, but they may also be caused by chemical or environmental exposure or the use of medications by the mother during pregnancy.

Pharmaceutical companies are required to test their products properly and inform the public of any potential risks. Unfortunately some pharmaceutical companies fail to keep up with the latest research or foresee potential side consequences. Certain doctors prescribe dangerous medications to their patients. Moreover, some women aren't aware of the risks of taking certain medications while pregnant. These drugs, referred to as teratogens, may cause birth defects such as spina-bifida that can occur in the fetus.

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

When filing lawsuits against the parties who are responsible for your child's illness it is essential to gather as much evidence as possible. This includes any ultrasound images, blood tests, and medical bills incurred as a result of the birth defect. This assists the attorney in determining the monetary value of the case.

Product Liability

Pregnancy is one of the most thrilling and stressful times in a woman's life. But it's also a period when many medical professionals make mistakes that can cause birth defects. An experienced attorney can help parents in submitting a claim and obtaining the compensation they deserve against those responsible for the disability of their child.

Medical professionals aren't always able to pinpoint the exact cause of birth defects, however a large number can be caused by environmental or chemical exposure. This can include parental exposure to toxic chemicals in the workplace such as solvents and glycol ethers in semiconductor manufacturing, as well as agricultural chemicals used for spraying for crops and pesticides.

In addition, the manufacturer and those who prescribe prescription drugs are required to inform consumers of the dangers. A majority of these drugs are marketed to pregnant women without warnings about the possibility of birth defect. This is especially applicable to antidepressants, such as Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits - head to 1004114 - against chemical and birth defect lawsuits pharmaceutical companies. He concentrates his practice on 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. as well as Suffolk University Law School.