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Birth Defect Litigation

Certain injuries are beyond the parents' control. If these injuries require special medical attention and expensive procedures, it could leave families with huge expenses.

A New York birth defect attorney can help parents in shock to file an action to receive compensation for future expenses. However, the law has strict deadlines when a claim should be filed.

Statute of limitations

Modern technology and medical advancements have helped to reduce the risks that come with childbirth and pregnancy. However birth defects and injuries still occur. If they're preventable, families must explore their legal options.

Many birth defect lawsuits are made on the basis of claims of medical malpractice. These cases may involve mistakes committed by nurses or doctors at any point during the labor and birth processes. Additionally, medical professionals can commit medical malpractice following a child's birth when they fail to provide the correct treatment.

Generally, the time limit for these cases is 2.5 years from the date of the occurrence of medical malpractice. This time period may be extended for infants. It is essential to talk with an attorney whenever you can to ensure that all the evidence is collected, and that a timely complaint can be filed.

A lawsuit may be filed on behalf of a child for birth defects that are caused by chemical and toxic exposures during pregnancy. Specially trained birth defect lawyers can investigate and prosecute these claims on behalf of the family.

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

Medical Malpractice

Birth defects can cause a wide range of mental or physical problems. Certain birth defects could be fatal. Some of these problems may be caused by genetics and others may be caused by exposure to environmental factors or prescription drugs taken during pregnancy.

A doctor or medical professional could be accused of misconduct in the event of causing birth defects by their actions or inaction. The most common cases involve medical negligence during labor or delivery. They may also involve any do something that is below the standard of medical care, such as, failing to diagnose an illness or prescribing the wrong medication during pregnancy.

One example of situation is a drug called teratogens, which can cause birth defects that are serious. 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 medication, she must make an insurance claim.

It is crucial to select an attorney who has handled these kinds of cases. Find a firm that is experienced in this area and operates on an hourly basis, which means there is no cost unless you get the case won. Also, search for an attorney who has strong negotiation and communication abilities. This will help ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

Many birth defects lead to physical or mental disabilities, that require costly medical treatment and accommodations for the child. Most often, these disorders are genetically inherited, but some can be caused by chemical or environmental exposure or medication that the mother was taking during pregnancy.

Drug manufacturers are required to test their products correctly and inform the public about any potential risks. Unfortunately certain pharmaceutical companies fail to keep up with research or anticipate the potential adverse effects. Certain doctors prescribe dangerous medications to their patients. Moreover, some women aren't aware of the risks of taking certain medications during pregnancy. These drugs are referred to as teratogens and could cause birth defects in the fetus, such as spina bifida.

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

It is important to collect as much evidence as you can prior to making a claim against the party responsible. This includes any ultrasound scans, blood tests, and medical bills that arose as a result of the birth defect. This assists the attorney in determining the value of the case.

Product Liability

Pregnancy is one of the most exciting and nerve-wracking experiences a woman can go through in her life. But it's also a period where medical professionals often make mistakes that could cause birth defects. A top lawyer can assist parents in submitting claims and getting the amount they deserve from the people responsible for the disabilities of their child.

Medical experts aren't always able of determining the specific cause of birth defects, however a large number can be attributed to chemical or environmental exposure. This could be due to contact by parents with toxic chemicals at the workplace, such as glycol ethers and solvents that are used in semiconductor manufacturing as well as agricultural chemicals for pesticides and spraying of crops.

The manufacturers and the people who prescribe medicines are also required to inform people about the dangers. A large portion of these drugs are marketed to women who are pregnant, without warnings of the potential for birth defect. 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. His practice is centered around cases involving the development of birth defects resulting from parental exposure to toxic chemicals, which includes those used in semiconductor manufacturing and agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.