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Birth Defect Litigation

Parents want their children to be perfect however, there are some injuries that occur out of their control. Families are left with a huge bill when injuries require expensive procedures and special attention.

A New York birth defect lawyer can assist parents who are stunned to file claims and receive compensation to cover future costs. However, the law puts strict deadlines for when a claim should be filed.

Statute of Limitations

Modern medical technology and advances have aided in reducing the risks associated with childbirth, pregnancy and birth. However, birth defects and injuries can still occur. When they are preventable, families must explore their legal options.

Many birth defect lawsuits are founded on allegations of medical malpractice. These cases may involve errors made by nurses or doctors personnel at any stage of labor, birth and pregnancy. Medical professionals may also commit malpractice after the birth of a child when they fail to provide the proper treatment.

In general the statute of limitations in these cases are 2.5 years after the date of the medical malpractice. For infants, this time is sometimes extended. It is crucial to consult an attorney immediately to ensure that all evidence is collected and that a timely complaint can be filed.

In addition to medical malpractice, a suit can also be filed on behalf of an infant for birth defects caused by wrongful exposure to chemicals and toxic substances that take place during the mother's pregnancy. Lawyers specially trained in birth defects can investigate and bring these cases on behalf of the family.

Parents should think about the following characteristics when choosing an attorney to represent them in a lawsuit for birth defects or injuries:

Medical Malpractice

Birth defects can cause various mental and physical issues. Some birth defects may be fatal. Some of these issues are inherited, whereas others are due to exposure to the environment or the use of prescribed drugs during pregnancy.

A medical professional or doctor may be accused of negligence if they cause birth defects by their actions or inaction. These cases typically are caused by medical negligence during labor or delivery. They can also include any perform a task that is not within the standard of medical treatment, for instance not diagnosing an illness or prescribing the wrong medication during pregnancy.

One of these cases involves the teratogens. These medications can lead to serious birth defects. During pregnancy, doctors typically advise women to not take this medication, which is utilized in the treatment of seizures. If a pregnant woman is exposed to this medication, she must submit a claim.

It is essential to select an attorney with expertise in these kinds of cases. Find a firm that is specialized in this field and operates on an hourly basis, which means you won't have to pay a dime unless you win. Find an attorney who has excellent communication and negotiation skills. This will help to ensure that you file your claim before the time limit expires.

Prescription Drugs

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

Pharmaceutical manufacturers are required to ensure that their products are tested properly and warn consumers of any potential risks. Sadly some pharmaceutical companies fail to keep up with the latest research or anticipate potential side consequences. Additionally, doctors can prescribe dangerous drugs to their patients and women may not receive adequate information on the dangers of taking 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 defects are chemicals used in manufacturing and agriculture in addition to heavy metals such as mercury that are contaminating groundwater or the air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations which expose women to harmful chemicals and substances that can harm their reproductive health and lead to birth defects.

If you decide to file lawsuits against the parties responsible for your child's condition it is essential to gather as much evidence as you can. Included in this are any ultrasound images or blood tests, as well as medical bills incurred as a result. This information will help the attorney to determine the worth of the case.

Product Liability

Pregnancy can be one of the most exciting, yet anxiety-inducing experiences in women's lives. However, it's also a time when many medical professionals make mistakes that could cause birth defects. A top attorney can help parents make a claim against those accountable for their child's handicap and get the justice they deserve.

Medical experts aren't always able to pinpoint the specific cause of birth defects, but the majority of them can be caused by environmental or chemical exposure. This can include parental contact with toxic chemicals at the workplace, such as solvents and glycol ethers used in semiconductor manufacturing as well as agricultural chemicals used for pesticides as well as spraying of crops.

The manufacturers and the people who prescribe medication are also required to warn the public about the dangers of their products. A significant portion of these drugs is marketed to pregnant women without warnings of the possibility of birth defect. This is particularly relevant for antidepressants like Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. He focuses his practice on cases involving the occurrence of birth defect attorney defects caused by parental exposure to toxic chemicals such as those used in semiconductor manufacturing as well as agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.