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Birth Defect Litigation

Parents want perfect children However, some injuries occur outside of their control. If injuries that result from these accidents require special medical attention and expensive procedures, it can leave families with huge expenses.

A New York birth defect attorney can help parents who are in shock to file an action to receive compensation for Birth Defect Lawsuits future expenses. However, the law imposes strict deadlines on when a claim needs to be filed.

Statute of limitations

Modern technology and medical advancements have aided in reducing the risks related to pregnancy, childbirth and birth. However birth defects and injuries still occur. If they're preventable, families should consider their legal options.

Many birth defect lawsuits are based upon allegations of medical malpractice. These lawsuits can result from mistakes committed by nurses or doctors staff at any point during labor, birth and pregnancy. Medical professionals can also be guilty of malpractice following the birth of a baby when they fail to provide the proper treatment.

Generally, the time limit for these cases is 2.5 years from the date of the incident of medical negligence. The time frame is extended for infants. It is important to consult an attorney whenever you can to ensure that all the evidence is collected and that a timely complaint can be filed.

A lawsuit can be filed on behalf of a child in relation to birth defects that are caused by toxic and chemical exposures during the pregnancy. Specially trained birth defect lawyers can investigate and pursue these claims on behalf of the family.

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

Medical Malpractice

Birth defects can result in numerous physical or mental problems. Certain birth defects could be fatal. Some of these problems may be genetic and others may be caused by environmental exposures or prescription drugs taken during pregnancy.

A doctor or medical professional may be accused of negligence in the event of causing birth defects due to their actions or inaction. These cases usually involve medical negligence during the birth or labor Birth Defect Lawsuits process. However, they could also be a result of any action or failure to act in excess of a medical standard of care, such as failing to diagnose a problem or prescribing the wrong medication during pregnancy.

One example is involving teratogens. These drugs can cause birth defects that are serious. Doctors usually advise women not to take this medication during pregnancy. It is used to treat seizures. If an individual is exposed to the drug, then she should make a claim.

It is crucial to choose an attorney with expertise in these kinds of cases. Look for a law firm that is experienced in this field and operates on the basis of a contingent fee, which means you won't have to pay a dime unless you are successful. Find an attorney who has an excellent ability to communicate and negotiate. This will ensure that you make your claim in time before the time limit expires.

Prescription Drugs

Many birth defects cause mental or physical disabilities, that require expensive medical treatment and accommodations for the child. The majority of these problems are genetic, but some can be caused by environmental or chemical exposure, or the medications the mother took while pregnant.

Pharmaceutical manufacturers are required to test their products thoroughly and warn consumers about any risks. Unfortunately many pharmaceutical companies do not keep up with research or anticipate potential side effects. In addition, doctors can prescribe dangerous drugs to their patients, and some women do not receive adequate information on the risks of taking certain medications during pregnancy. These drugs are referred to as teratogens, and they can cause birth defects in the fetus including spina bifida.

Other substances that could cause birth defects are the chemicals used in the agricultural and manufacturing industries, and heavy metals like mercury, which pollute groundwater and air. Diane Paolicelli's legal career is focused on fighting powerful corporations that expose women to harmful chemicals and substances that may harm their reproductive health or cause birth defects.

When filing lawsuits against the parties accountable for your child's condition it is crucial to gather as much evidence as possible. This includes blood tests, ultrasound images, and medical bills that came up due to the birth defect. This information assists the attorney determine the value of the case.

Product Liability

Pregnancy is one of the most thrilling and stressful moments in a woman's life. It's also the time when medical professionals are prone to making mistakes that result in birth defects. A top lawyer 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 of determining the exact cause of birth defects, but most of them can be caused by environmental or chemical exposure. This could include exposure of parents to toxic chemicals at work such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used in crop spraying and pesticides.

The pharmaceutical companies and those who prescribe medication also have a duty to warn people about the dangers. However, a lot of these drugs are marketed off-label for women of childbearing age without proper warnings about the possibility of birth defects. This is particularly the case with antidepressants such as Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. His practice is centered around cases where birth defects result from exposure of parents to toxic chemicals such as those used in semiconductor manufacturing or farming. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.