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Birth Defect Litigation

Some injuries are beyond the parents or their control. When injuries require specialized treatment and birth defect litigation costly procedures, it could cause families to be faced with massive costs.

A New York birth defect lawyer defect attorney can help parents who are grieving and file an action to receive compensation for future expenses. However, the law has strict deadlines when a claim must be filed.

Statute of limitations

Modern technology and medical advancements have helped to reduce risks that are associated with childbirth, pregnancy and birth. However, birth defects and injuries continue to occur. Families must consider their legal options when they are preventable.

Many birth defect lawsuits are founded on allegations of medical malpractice. These cases can involve errors committed by nurses or doctors at any point in the labor and delivery processes. Medical professionals may also be guilty of malpractice following the birth of a child by failing to provide the correct treatment.

Generally speaking, the statute of limitations in these cases is generally 2.5 years from the date of the act of medical malpractice. For infants, this period may be extended. It is crucial to consult an attorney whenever you can to ensure that all evidence is gathered and that a timely complaint 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 the mother's pregnancy. Specially trained birth defects lawyers can look into these claims and pursue them on behalf of the family.

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

Medical Malpractice

Birth defects can lead to an array of physical or mental problems. Certain birth defects can cause death. Certain of these problems could be caused by genetics while others are caused by environmental exposures or prescription medications used during pregnancy.

A medical professional or doctor may be accused of negligence when they cause birth defects due to their actions or inaction. These cases are usually caused by medical negligence during labor or delivery. They may also involve any act of failure to do something that is below the standard of medical treatment, for instance not diagnosing an illness or prescribing incorrect medication during pregnancy.

One instance of case involves a medication called teratogens. This medication can cause serious birth defects. During pregnancy, doctors typically advise women to not take this medication, which is used in the treatment of seizures. If the woman is exposed to the drug it is recommended that she file an action.

It is crucial to choose an attorney who has previous experience in these cases. You should seek out an attorney who has years of experience in this field and is on contingency, which means you don't have to pay anything until you are successful. Find an attorney who has outstanding negotiation and communication skills. This will ensure that you file your claim before the time limit expires.

Prescription Drugs

Many birth defects lead to physical or mental disabilities, which require expensive medical care and accommodations for the child. These conditions are often genetic, but can also be caused by environmental or chemical exposure or medication taken by the mother during pregnancy.

Drug manufacturers have an obligation to test their products thoroughly and warn consumers about any potential risks. Unfortunately certain pharmaceutical companies do not keep up with research or anticipate possible side consequences. Moreover, doctors may prescribe dangerous drugs to patients and women may not receive the correct information regarding the risks of taking certain drugs during pregnancy. These are known as teratogens. They may cause birth defects in the fetus, including spina Bifida.

Other substances that may cause birth defects include chemicals employed in the production and agricultural industries in addition to heavy metals, like mercury that are contaminating groundwater or the air. Diane Paolicelli's legal career has been dedicated to combating powerful corporations that expose women to harmful chemicals and substances that can cause harm to their reproductive health and lead to birth defects.

It is important to collect as the evidence you can prior to making a claim against the parties responsible. This includes ultrasound images, blood tests, and medical bills incurred due to the birth defect. This assists the attorney in determining the financial worth of the case.

Product Liability

Pregnancy can be one of the most exciting, but nerve-wracking experiences in a woman's lifetime. It's also the time when many medical professionals can make mistakes that lead to birth defects. An experienced attorney can help parents file a claim against those responsible for their child's disability and obtain the proper compensation they're entitled to.

Although the causes of birth defects are often unknown to medical experts however, many of them can be attributed to exposure to chemicals or environmental causes. This can include exposure by parents to toxic chemicals in the workplace such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used in spraying for crops and pesticides.

Furthermore, manufacturers and those who prescribe prescription drugs must inform patients of the risks. However, a lot of these drugs are sold off-label for women of childbearing age, without warnings about the risk of birth defect law defects. This is particularly 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 that result from exposure of parents to toxic chemicals, which includes those in semiconductor manufacturing and agriculture. He graduated from the American University in Washington, D.C. and Suffolk University Law School.