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Birth Defect Litigation

Parents want perfect babies However, some accidents happen out of their control. When injuries require specialized care and costly procedures, it can leave families with huge expenses.

A New York birth defect lawyer can assist parents who are stunned to file a claim and get compensation to cover future expenses. The law has strict time limits on when a claim can be filed.

Statute of limitations

Modern technology and medical advances have helped reduce the risks associated with childbirth and pregnancy. Birth defects and injuries do still occur. Families must consider their legal options if they are preventable.

Many birth defect lawsuits are based upon allegations of medical malpractice. These cases could involve mistakes made by nurses or doctors at any time during the pregnancy, labor and delivery procedures. Medical professionals may also be negligent following the birth defect lawsuit of a baby if they fail provide proper treatment.

Generally, the time-limit for these cases is generally 2.5 years from the date of the occurrence of medical negligence. For infants, this time period can be extended. It is nevertheless important to seek legal counsel as soon as possible to ensure that all evidence is collected and that a timely claim be filed.

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

Parents should take into consideration the following aspects when choosing an attorney to represent them in a lawsuit for birth injury or defect:

Medical Malpractice

Birth defects can cause a variety of physical and mental problems. Some of them can be fatal. Some of these problems are genetic, but others are due to exposure to the environment or the use of prescribed drugs during pregnancy.

A doctor or medical professional may be accused of negligence in the event of causing a birth defect through their actions or inaction. Most cases involve 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 not diagnosing an illness or prescribing the wrong medication during pregnancy.

One example is involving the teratogens. These medications can cause birth defects that are serious. During pregnancy, doctors typically advise women to avoid taking this medication, which is utilized to treat seizures. If the woman is exposed to the drug it is recommended that she file an insurance claim.

It is vital to select an attorney who has prior experience in these types of cases. You should look for a firm with years of experience in this field and is based on contingency, meaning that you won't be charged nothing until you win. Also, look for an attorney who has strong communication and negotiation skills. This will ensure that your claim is filed before the time limit expires.

Prescription Drugs

Many birth defects cause mental or physical disabilities, which require costly medical care and accommodations for the child. Most often, these disorders are genetic, however some can be caused by environmental or chemical exposure, or by medications the mother took while pregnant.

Drug manufacturers have an obligation to adequately test their products and inform consumers of any potential risks. Unfortunately, some pharmaceutical companies do not keep up with the latest research or anticipate the potential adverse consequences. Certain doctors prescribe dangerous medications to their patients. Moreover, some women are not aware of the risks associated with using certain drugs during pregnancy. These are known as teratogens. They can cause birth defects within the fetus, including spina Bifida.

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

When filing lawsuits against the parties accountable for your child's condition, it is important 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 assess the worth of the case.

Product Liability

Pregnancy is one of the most thrilling and stressful moments in a woman's life. However, it's also a time when many medical professionals make mistakes that could cause birth defects. An experienced attorney can help parents in filing an appeal and gaining the compensation they deserve against the people responsible for the disabilities of their child.

While the causes of birth defects are typically unknown to medical experts however, a significant proportion can be linked to exposure to chemicals or environmental factors. This can include exposure by parents to toxic chemicals in the workplace such as glycol ethers and solvents in semiconductor manufacturing, as well as agricultural chemicals used in spraying for crops and pesticides.

The pharmaceutical companies and those who prescribe medicines also have a duty to inform the public about the risks. Yet, a substantial portion of these drugs are offered off-label for women of childbearing age without proper warnings about the potential for birth defects. This is especially relevant for antidepressants like 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 where birth defects result from exposure of parents to toxic chemicals like those used in semiconductor manufacturing or agriculture. He graduated from the American University in Washington, D.C., and Suffolk University Law School.