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Birth Defect Litigation

Some injuries are out of the parents of their control. When injuries require specialized care and costly procedures, it could cause families to incur huge costs.

A New York birth defect lawyer can help stunned parents file a claim and get compensation to cover future costs. The law has strict time limits on when a claim can be filed.

Statute of Limitations

Modern technology and medical advances have helped reduce the risks associated with pregnancy and childbirth. Birth Defect Law Firms defects and injuries persist. Families need to consider their legal options if they are preventable.

Many birth defect suits are based on accusations of medical malpractice. These cases may involve errors made by doctors or nursing personnel at any stage of the birth process, including labor and pregnancy. In addition medical professionals may be guilty of medical malpractice following a child's birth by failing to provide proper treatment.

Generally, the statute of limitations in these cases is 2.5 years from when the act was committed of medical negligence. This time period may be extended for infants. It is crucial to consult a lawyer as soon as you can to ensure that all evidence is collected and that a timely complaint be filed.

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

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

Medical Malpractice

Birth defects can cause various mental and physical issues. Some of them could be fatal. Some of these problems are genetic, but others are due to exposure to environmental factors or the use of prescribed drugs during pregnancy.

A medical professional or doctor could be convicted of malpractice when they cause birth defects through their actions or inaction. These cases typically are due to medical negligence during labor or delivery. They may also involve any act of failure to act which falls below a standard of medical care, for example failing to recognize an illness or prescribing incorrect medication during pregnancy.

One such case involves teratogens. These drugs can result in birth defects that are serious. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If women are exposed to the drug then she should make an insurance claim.

It is important that you choose an attorney who has experience in these types of cases. You should seek out an attorney who has experience in this field and is based on contingency, meaning that you won't have to pay nothing until you win. Look for an attorney with outstanding negotiation and communication skills. This will help to ensure that you submit your claim before the time for filing expires.

Prescription Drugs

Many birth defects cause mental or physical disabilities which require expensive medical care and accommodations for the child. Most of the time, these issues are inherited, but a few of them are caused by environmental or chemical exposure, or by medications the mother consumed during pregnancy.

Drug makers are required to test their products correctly and inform the public of any risks that could be present. Unfortunately some pharmaceutical companies are not keeping up to date with the latest research or fail to anticipate potential side consequences. Moreover, doctors may prescribe dangerous drugs to their patients and women may not get proper information about the dangers of taking certain medications during pregnancy. These drugs, also known as teratogens, may cause birth defects, like spina-bifida, in the fetus.

Other substances that can cause birth defects are the chemicals used in the agricultural and manufacturing industries, and heavy metals like mercury which can contaminate groundwater or air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women to harmful chemicals and substances that can harm their reproductive health and lead to birth defects.

It is essential to gather as much evidence as you can prior to filing a suit against the party responsible. This includes ultrasound scans, blood tests and medical bills incurred due to the birth defect law firms defect. This assists the attorney in determining the monetary value of the case.

Product Liability

Pregnancy is among the most thrilling and stressful times in a woman's life. However, it's also a time when many medical professionals make mistakes that could lead to birth defects. An experienced attorney can help parents make a claim against those responsible for their child's disability and receive the justice they deserve.

While the causes of birth defects are usually unknown to medical experts but a large proportion of birth defects are linked with exposure to chemicals or the environment. This could be due to contact by parents with toxic chemicals in the workplace, like glycol ethers and solvents that are used in semiconductor manufacturing as well as agricultural chemicals used for pesticides as well as spraying of crops.

Manufacturers and those who prescribe medicines are also required to inform the public about their risks. A large portion of these drugs are marketed to pregnant women without warnings about the possibility of birth defect. This is especially the case with antidepressants such as Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defects lawsuits against pharmaceutical and chemical companies. He concentrates his practice on cases involving the development of birth defects due to parental exposure to toxic chemicals, including those used in semiconductor manufacturing and agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.