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Birth Defect Litigation

Certain injuries are beyond the parents or their control. Families may be left with a huge bill when injuries require costly procedures and special treatment.

A New York birth defect attorney can assist parents shocked to file a claim to get compensation for future expenses. The law has strict time limits on when a claim may be filed.

Statute of Limitations

Modern technology and medical advancements have aided in reducing the risks associated with childbirth, pregnancy and birth. However, birth defects and injuries can still occur. Families need to consider their legal options when they are preventable.

Many birth defect lawsuits are founded on allegations of medical malpractice. These lawsuits can result from mistakes made by nurses or doctors staff at any stage of labor, birth and pregnancy. In addition medical professionals may be guilty of medical malpractice after the birth of a child by failing to provide proper care.

In general the statute of limitation for these cases is 2.5 years after the date of the medical error. For infants, this time can be extended. It is nevertheless important to seek legal advice as soon as you can to ensure that all evidence is gathered and that a timely claim be filed.

In addition to medical malpractice, a lawsuit could also be filed on behalf of an infant for birth defects resulting from improper toxic and chemical exposures that take place during the mother's pregnancy. Lawyers specially trained in birth defects can investigate and defend these claims on behalf of the family.

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

Medical Malpractice

birth defect law firm defects can cause many mental or physical ailments. Some of them may even be fatal. Some of these problems may be caused by genetics and others may be caused by exposure to the environment or prescription drugs used during pregnancy.

Medical professionals or doctors can be accused of negligence when they cause birth defect lawsuit (https://Nlifelab.org/bbs/board.php?bo_table=free&wr_id=2459418) defects by their actions or inaction. The most common cases involve medical negligence during the birth or labor process. However, they can comprise any act or failure to act in excess of the medical standard of care, like failing to diagnose a condition or prescribing the wrong medication during pregnancy.

One example involves Teratogens. These drugs can cause serious birth defects. Doctors usually 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 submit a claim.

It is essential to select an attorney with experience handling these types of cases. You should look for a firm with extensive experience in this field. It also operates on contingency basis, which means you don't pay anything until you are successful. Choose an attorney with outstanding negotiation and communication skills. This will help ensure that your claim is filed before the time for filing expires.

Prescription Drugs

A lot of birth defects can cause physical or mental disabilities, which require costly medical care and accommodations for the child. These issues are often genetic, but they can also be caused by chemical or environmental exposure or medication taken by the mother during pregnancy.

Drug manufacturers have an obligation to test their products thoroughly and warn consumers of any potential risks. Unfortunately some pharmaceutical companies fail to keep up with the latest research or anticipate potential side effects. Some doctors recommend dangerous drugs to their patients, and some women aren't aware of the risks of taking certain drugs while pregnant. These medications are referred to as teratogens, and they can cause birth defects in the fetus. This includes spina bifida.

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

It is crucial to collect as the evidence you can prior to filing a suit against the responsible parties. Included in this are ultrasound images and blood tests as well as medical bills that are incurred due to. This information assists the attorney determine the value of the case.

Product Liability

Pregnancy is among the most exciting, and stressful experiences in a woman's lifetime. It's also a time where medical professionals often make mistakes that can cause birth defects. A top lawyer can assist parents in submitting claims and getting the compensation they deserve from the people responsible for the disabilities of their child.

Medical professionals aren't always able of determining the exact cause of birth defects, but most of them can be caused by environmental or chemical exposure. This can include exposure by parents to toxic chemicals at work such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used for pesticides and crop spraying.

The pharmaceutical companies and those who prescribe medications are also required to inform the public about their risks. Yet, a large percentage of these drugs are offered off-label to women of childbearing age, without warnings about the possibility of birth defects. This is particularly applicable to antidepressants such 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 to toxic chemicals by parents, such as those employed in semiconductor manufacturing or farming. He graduated from the American University in Washington, D.C., and Suffolk University Law School.