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Birth Defect Litigation

Some injuries are out of the parents of their control. Families are left with a huge bill when injuries require costly procedures and special attention.

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

Statute of Limitations

Modern medical technology and advancements in medical science have made it possible to reduce the risks that are associated with childbirth, pregnancy and birth. Birth defects and injuries persist. When they are preventable, families must explore their legal options.

Many birth defect law firms defect lawsuits are founded on allegations of medical malpractice. These lawsuits can result from mistakes committed by nurses or doctors staff at any stage of labor, birth and pregnancy. In addition medical professionals can be guilty of medical malpractice after the birth of a child in the event that they fail to provide the correct treatment.

In general the statute of limitations for these cases are 2.5 years from the date of the medical malpractice. This time frame can be extended for infants. It is essential to talk with a lawyer as soon as you can to ensure that all evidence is gathered, and that a timely complaint be filed.

A lawsuit may be filed on behalf of a baby for birth defects caused by toxic and chemical exposures during pregnancy. Specially trained birth defect lawyers can examine these claims and bring them to trial on behalf of the family.

Parents should take into consideration the following factors when choosing an attorney to represent them in a lawsuit for birth defects or injuries:

Medical Malpractice

Birth defects can lead to a variety of mental and physical problems. Some of them may even be fatal. Certain of these problems could be caused by genetics while others are caused by environmental exposures or prescription drugs used during pregnancy.

Medical professionals or Birth defect Lawsuits doctors may be accused of malpractice when they cause birth defects as a result of their actions or inaction. The most common cases involve medical negligence during the birth or labor process. They also encompass any do something that is below the standard of medical care, such as, failing to diagnose 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 file a claim.

It is crucial to select an attorney with previous experience in these cases. You should choose an attorney with experience in this field and is based on contingency, meaning that you don't pay anything until you win. Look for an attorney with outstanding negotiation and communication skills. This will ensure that you file your claim before the time limit expires.

Prescription Drugs

A lot of birth defects can cause mental or physical disabilities, which require expensive medical care and accommodations for the child. The majority of these problems are inherited, but a few of them can be caused by chemical or environmental exposure, or the medications the mother took while pregnant.

Drug manufacturers are required to ensure that their products are tested properly and inform consumers of any risks. Unfortunately, some pharmaceutical companies don't keep up with the latest research or fail to anticipate possible side effects. Some doctors recommend dangerous drugs to their patients and some women are not aware of the dangers associated with taking certain medications while pregnant. These drugs, referred to as teratogens, can cause birth defects, such as spina-bifida in the fetus.

Other substances that may cause birth defects are chemicals employed in the production and agricultural industries, as well as heavy metals like mercury, which are contaminating the air or groundwater. Diane Paolicelli's legal profession has been focused on fighting powerful corporations who expose women to toxic chemicals and substances that may affect their reproductive health or lead to birth defects.

It is essential to gather as much evidence as you can before filing a lawsuit against the parties accountable. This includes any ultrasound scans, blood tests, and medical bills incurred because of the birth defect. This information helps attorneys determine the value of the case.

Product Liability

Pregnancy is one of the most exciting and nerve-wracking times in a woman's life. But it's also a time where medical professionals often make mistakes that could cause birth defects. A top lawyer can help parents to file a claim against the medical professionals responsible for their child's condition and obtain the proper compensation they're entitled to.

Medical professionals aren't always able of determining the causes of birth defects, however a large number can be attributed to chemical or environmental exposure. This could include exposure of parents to toxic chemicals in the workplace such as glycol ethers and solvents in semiconductor manufacturing, as well as agricultural chemicals used for spraying crops and pesticides.

Manufacturers and those who prescribe medicines also have a duty to warn people about the dangers. A large number of these medications are sold to women who are expecting without warnings of the potential for birth defect. This is particularly true 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 focuses his practice on cases where birth defects result from exposure of parents to toxic chemicals like those employed in the manufacture of semiconductors or in agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.