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Birth Defect Litigation

Some injuries are out of the parents' control. If injuries that result from these accidents require special care and costly procedures, it can cause families to incur huge costs.

A New York birth defect lawyer can assist parents in filing an action and receive compensation to cover future expenses. The law has strict deadlines on when claims can be filed.

Statute of limitations

Modern technology and medical advances have helped to reduce the risks that come with childbirth and pregnancy. Birth defects and injuries still occur. Families need to explore their legal options when they can be prevented.

Many birth defect lawsuits stem from allegations of medical malpractice. These cases may involve mistakes made by doctors or nurses at any time during the labor and birth processes. Medical professionals may also be guilty of malpractice following the birth of a baby in the event that they fail to provide appropriate treatment.

In general the statute of limitations in these cases are 2.5 years from the date of the medical negligence. This time frame can be extended for infants. However, it is important to seek legal counsel immediately to ensure that all evidence is collected and that a timely claim can be filed.

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

When selecting an attorney for a birth injury or defect lawsuit, parents should look for the following characteristics:

Medical Malpractice

Birth defects can cause a wide range of physical or mental problems. Some birth defects may cause death. Some of these problems may be genetic while others are caused by exposure to environmental factors or prescription medications taken during pregnancy.

A doctor or medical professional could be accused of malpractice when they cause birth defects due to their actions or inaction. These cases are usually based on medical negligence in delivery or labor. They can also be a result of any act of failure to act which falls below a standard of medical care, such as failing to recognize an illness or prescribing incorrect medication during pregnancy.

One of these cases involves the teratogens. These medications can cause serious birth defects. Doctors typically advise women not to take this medication during pregnancy. It is used to treat seizures. If a pregnant woman is exposed to this medication, she must make an insurance claim.

It is essential to select an attorney with experience handling these kinds of cases. You should seek out an attorney with years of experience in this field and operates on contingency basis, which means you won't be charged any fees until you win. Choose an attorney with great negotiation and communication skills. This can help ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

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

Pharmaceutical manufacturers are required to ensure that their products are tested properly and inform consumers of any risks. Unfortunately, some pharmaceutical companies do not keep up-to-date with the latest research or fail to anticipate potential adverse consequences. Some doctors recommend dangerous drugs to their patients. Some women are not aware of the risks associated with taking certain medications while pregnant. These drugs are referred to as teratogens, and they can cause birth defects in the fetus, including spina bifida.

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

It is important to collect as much evidence as you can prior to filing a suit against the responsible parties. Included in this are any ultrasound images, blood tests, and medical bills incurred as a result. This information helps attorneys determine the worth of the case.

Product Liability

Pregnancy can be one of the most exciting, and anxiety-inducing experiences in a woman's lifetime. However, it's also a time where many medical professionals make mistakes that could lead to birth defects. A top attorney can assist parents in filing an appeal and gaining the compensation they deserve from those responsible for the disability of their child.

While the causes of birth defects are typically not understood by medical professionals, a significant number can be linked to exposure to chemicals or environmental factors. This can include parental contact with toxic chemicals in the workplace, like solvents and glycol ethers used in semiconductor manufacturing, and agricultural chemicals for pesticides and crop spraying.

In addition, manufacturers and the people who prescribe prescription medications must inform patients of the risks. A large portion of these drugs are marketed to pregnant women without warnings about the risk of birth defects. 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 against pharmaceutical and chemical companies. He focuses his practice on cases involving the development of birth defects resulting from parental exposure to toxic chemicals, which includes those used in semiconductor manufacturing as well as agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.