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Birth Defect Litigation

Some injuries are beyond the parents' control. Families may be left with huge debts when these injuries require costly procedures and special treatment.

A New York birth defect lawyer can assist parents in filing a claim and get compensation to pay for future expenses. However, the law has strict deadlines on the time a claim has to be filed.

Statute of limitations

Modern medical technology and advancements in medical science have made it possible to reduce the risks associated with pregnancy, childbirth and birth. However birth defects and Birth Defect injuries do occur. Families should consider their legal options if they can be prevented.

Many birth defect lawsuits are founded on allegations of medical malpractice. These cases may involve errors committed by nurses or doctors staff at any point during labor, birth and pregnancy. In addition medical professionals may be guilty of medical malpractice after the birth of a child when they fail to provide proper treatment.

In general the statute of limitation for these cases are 2.5 years from the date of the medical mistake. The time frame may be extended for infants. But, it is crucial to seek legal counsel immediately to ensure that all evidence is obtained and that a timely claim be filed.

In addition to medical malpractice, a suit can also be brought on behalf of an infant for birth defects resulting from improper exposure to chemicals and toxic substances that take place during the mother's pregnancy. Specially trained birth defect lawyers can investigate and bring these cases on behalf of the family.

Parents should think about the following factors when choosing an attorney to represent their interests in a lawsuit filed for birth defects or birth injuries:

Medical Malpractice

Birth defects can result in a wide range of mental or physical problems. Some birth defects can be fatal. Some of these problems are inherited, while others are due to environmental exposures or the use of prescription medications during pregnancy.

A doctor or medical professional could be accused of misconduct if they cause a birth defect through their actions or inaction. These cases usually involve medical negligence during labor or delivery. They can also be a result of any act of failure to do something that is below the standard of medical care, like, failing to diagnose an illness or prescribing the wrong medication during pregnancy.

One such type of situation involves a drug called teratogens. This medication can cause serious birth defect law firm 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 drug, she should make a claim.

It is important that you select an attorney with experience in these types of cases. Choose a law firm that specializes in this area and operates on the basis of a contingent fee, which means you don't pay anything unless you win. Additionally, you should choose a lawyer who has excellent communication and negotiation abilities. This will ensure that you make your claim in time before the statute of limitations expires.

Prescription Drugs

Many birth defects result in physical or mental disabilities, which require costly medical care and accommodations for the child. These problems are usually genetic, but they can also be caused by environmental or chemical exposure, or by medications taken by the mother during pregnancy.

Drug manufacturers are required to test their products properly and inform the public about the potential dangers. Unfortunately some pharmaceutical companies do not keep up with research or anticipate potential side consequences. Some doctors prescribe dangerous drugs to their patients. Some women are not informed about 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 could 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 chemicals and substances that can harm their reproductive health and cause birth defects.

When filing an action against the parties accountable for your child's condition It is crucial to gather as much evidence as you can. This includes ultrasound scans, blood tests, and medical bills that came up because of the birth defect. This information will help the attorney assess the value of the case.

Product Liability

Pregnancy can be one of the most exciting, but anxiety-inducing experiences in the life of a woman. But it's also a time when medical professionals can make mistakes that could cause birth defects. An experienced attorney can assist parents file a claim against those responsible for their child's condition and acquire the compensation they deserve.

While the causes of birth defects are usually not understood by medical professionals but a large proportion of birth defects are linked to exposure to chemicals or environmental causes. This could include exposure of parents to toxic chemicals at work such as glycol ethers and solvents in semiconductor manufacturing, as well as agricultural chemicals used for pesticides and crop spraying.

In addition, manufacturers and those who prescribe prescription medicines must inform consumers of the dangers. However, a significant portion of these drugs are offered off-label for women of childbearing age without adequate warnings about the risk 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 involving the occurrence birth defects that result from exposure of parents to toxic chemicals, such as the ones used in semiconductor manufacturing and agriculture. He graduated from the American University in Washington, D.C., and Suffolk University Law School.