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Birth Defect Litigation

Certain injuries are beyond the parents' control. Families may be left with a large bill when injuries require costly procedures and special attention.

A New York birth defect attorney can assist parents who are in shock to file an appeal to be compensated for future expenses. The law has strict time limitations on when a claim may be filed.

Statute of limitations

Modern technology and medical advances have helped to reduce the risks that come with childbirth and pregnancy. However, birth defects and injuries still occur. If they can be prevented, families need to explore their legal options.

Many birth defect attorneys defect lawsuits are founded on allegations of medical malpractice. These cases may involve errors made by doctors or nursing staff at any stage of labor, pregnancy and birth. Medical professionals can also be negligent following the birth of a baby by failing to provide the correct treatment.

Generally speaking, the statute of limitations in these cases is 2.5 years from the date of the incident of medical negligence. The time limit can be extended for infants. It is important to consult an attorney whenever you can to ensure that all the evidence is gathered and that a timely complaint can be filed.

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

Parents should think about the following aspects when choosing an attorney to represent them in a lawsuit involving birth defect or injury:

Medical Malpractice

Birth defects can lead to a variety of mental and physical problems. Some birth defects can be fatal. Some of these problems may be genetic while others are caused by exposure to environmental factors or prescription medications taken during pregnancy.

Medical professionals or doctors could be accused of malpractice when they cause birth defects due to their actions or inaction. The majority of these cases are due to medical negligence during delivery or labor. They may also involve any be in compliance with a standard of medical treatment, for instance the failure to diagnose an illness or prescribing incorrect medication during pregnancy.

One example is involving teratogens. These medications can lead to birth defects that are serious. Doctors usually advise women not to take this medication during pregnancy. It is used to treat seizures. If the woman is exposed to the drug she must make an insurance claim.

It is essential to select an attorney who has experience in handling these types of cases. You should choose a firm with expertise in this area and is based on contingency, meaning that you won't have to pay any fees until you win. Look for an attorney who has an excellent ability to communicate and negotiate. This will help ensure that you submit your claim before the time limit expires.

Prescription Drugs

Many birth defects cause mental or physical disabilities that require expensive medical treatment 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.

Pharmaceutical manufacturers are required to thoroughly test their products and inform consumers of any risks. Sadly certain pharmaceutical companies do not keep up with research or foresee potential side effects. Certain doctors prescribe dangerous drugs to their patients and some women are not informed about the risks of using certain drugs during pregnancy. These drugs, also known as teratogens may cause birth defects such as spina-bifida, which is a birth defect in the fe.

Other substances that could cause birth defects are the chemicals used in the agricultural and manufacturing industries, and heavy metals like mercury, which affect groundwater or the air. Diane Paolicelli's legal career is dedicated to combating powerful corporations that expose women to toxic chemicals and substances that may damage their reproductive health or lead to birth defects.

If you decide to file lawsuits against the people that are accountable for your child's health it is crucial to gather the most evidence you can. Included in this are ultrasound images, blood tests, and medical bills that are incurred due to. This information will help attorneys determine the value of the case.

Product Liability

Pregnancy can be one of the most exciting and stressful experiences in a woman's lifetime. It's also the time when medical professionals make mistakes that cause birth defect lawyers defects. A top lawyer can help parents to file a claim against the medical professionals accountable for their child's handicap and get the proper compensation they're entitled to.

Medical experts are not always able determine the causes of birth defects, but many of them can be due to environmental or chemical exposure. This can include parental exposure to toxic chemicals in the workplace such as glycol ethers and solvents in semiconductor manufacturing, as well as agricultural chemicals used for pesticides and crop spraying.

The pharmaceutical companies and those who prescribe medication are also required to inform the public about their risks. Yet, a substantial portion of these drugs are marketed off-label to women who are pregnant age without proper 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 development of birth defects resulting from exposure of parents to toxic chemicals, including those in semiconductor manufacturing and agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.