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Birth Defect Litigation

Some injuries are out of the parents or their control. Families are left with a large bill when injuries require expensive procedures and specialized care.

A New York birth defect lawyer can assist parents who are stunned to file claims and receive compensation to cover the cost of future expenses. However, the law imposes strict deadlines for when a claim needs to be filed.

Statute of Limitations

Modern technology and medical advancements have reduced the risks related to pregnancy, childbirth and birth. However, birth defects and injuries continue to occur. Families should consider their legal options if they can be prevented.

Many birth defect attorney defect lawsuits stem from allegations of medical malpractice. These cases could involve mistakes made by doctors or nurses at any time during labor and birth procedures. Additionally, medical professionals can commit medical malpractice following the birth of a child in the event that they fail to provide the proper treatment.

Generally speaking, the statute of limitations in these cases is generally 2.5 years from the date of the incident of medical negligence. For infants, this period may be extended. It is essential to talk with a lawyer immediately to ensure that all evidence is gathered and that a timely complaint can be filed.

In addition to medical malpractice, a lawsuit could also be filed on behalf of an infant for birth defects caused by improper exposure to chemicals and toxic substances that occur during the mother's pregnancy. Lawyers specially trained in birth defects can examine these claims and prosecute them on behalf of the family.

When choosing an attorney to represent them in a birth defect or birth defect attorneys injury lawsuit parents should look for the following qualities:

Medical Malpractice

birth defect case defects can lead to various mental and physical ailments. Certain birth defects can be fatal. Some of these problems are caused by genetics, while others are caused by exposure to the environment or the use of prescription drugs during pregnancy.

Medical professionals or doctors could be accused of malpractice when they cause birth defects due to their actions or inaction. These cases typically are based on medical negligence in labor or delivery. However, they may also be a result of any action or failure to act that falls short of the medical standard of care, such as failing to diagnose a problem or prescribing the wrong medicine during pregnancy.

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

It is important to select an attorney who has handled these types of cases. Choose a law firm that specializes in this area, and works on an hourly basis, which means you won't have to pay a dime unless you succeed. Look for an attorney who has an excellent ability to communicate and negotiate. This will help ensure that you make your claim in time before the statute of limitation expires.

Prescription Drugs

Many birth defects cause physical or mental disabilities, that require expensive medical treatment and accommodations for the child. These problems are usually genetic, but they may also be caused by environmental or chemical exposure or the use of medications by the mother during pregnancy.

Pharmaceutical companies are required to test their products correctly and inform the public of any potential risks. Unfortunately, some pharmaceutical companies don't keep up-to-date with current research or fail to anticipate possible side effects. In addition, doctors can prescribe dangerous medications to their patients and women may not receive the correct information regarding the risks of taking certain medications during pregnancy. These are known as teratogens. They can cause birth defects in the fetus. This includes spina bifida.

Other substances that could cause birth defects are chemicals employed in the production and agricultural industries as well as heavy metals, like mercury that are contaminating groundwater or the air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations which expose women to harmful chemicals and substances that damage their reproductive health and cause birth defects.

When bringing a lawsuit against the parties who are responsible for your child's illness it is essential to gather as much evidence as you can. This includes any ultrasound scans, blood tests and medical bills that arise because of the birth defect. This helps the attorney establish the worth of the case.

Product Liability

Pregnancy is among the most thrilling and stressful moments in a woman's life. It's also a time where many medical professionals make mistakes that could cause birth defect attorney defects. A top lawyer can help parents make a claim against those who are responsible for their child's disabilities and get the compensation they deserve.

While the causes of birth defects are generally unknown to medical professionals however, many of them are linked with exposure to chemicals or the environment. This could include exposure of parents to toxic chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used for spraying for crops and pesticides.

In addition, manufacturers and the people who prescribe prescription medications must inform consumers of the dangers. A significant portion of these medications are sold to women who are pregnant, without warnings of the possibility of birth defect. This is especially applicable to antidepressants such Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. He focuses his practice on cases that involve the occurrence of birth defects that result from parental exposure to toxic chemicals such as those in semiconductor manufacturing and agriculture. He is a graduate of American University in Washington, D.C. and birth defect Litigation Suffolk University Law School.