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Birth Defect Litigation

Some injuries are beyond the parents' control. Families could be faced with huge bills when these injuries require expensive procedures and specialized care.

A New York birth defect attorney can assist parents in shock to file an appeal to be compensated for future expenses. The law has strict deadlines on when claims can be filed.

Statute of limitations

Modern technology and medical advances have aided in reducing the risks related to pregnancy, childbirth and birth. Birth defects and injuries still occur. Families need to consider their legal options if they are preventable.

Many birth defect lawsuits are stemming from allegations that medical malpractice occurred. These lawsuits can be based on mistakes made by nurses or doctors at any time during pregnancy, labor and delivery procedures. Medical professionals may also be guilty of malpractice following the birth of a baby when they fail to provide the proper treatment.

Generally, the time limit for these cases is generally 2.5 years from the date of the incident of medical malpractice. The time frame can be extended for infants. It is essential to talk with an attorney immediately to ensure that all evidence is gathered and that a timely complaint can be filed.

In addition to medical malpractice, a lawsuit may also be filed on behalf of a baby for birth defects resulting from improper toxic and chemical exposures that occur during the mother's pregnancy. Lawyers specially trained in birth defects can investigate and bring these cases on behalf of the family.

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

Medical Malpractice

birth defect lawsuit defects can result in many physical or mental problems. Certain birth defects can cause death. Some of these issues may be caused by genetics, while others are caused by exposure to environmental factors or prescription drugs taken during pregnancy.

Medical professionals or doctors can be accused of negligence when they cause birth defects due to their actions or inaction. These cases typically involve medical negligence during labor or delivery. However, they could also include any act or failure to act in excess of the medical standard of care, for instance, failing to diagnose a problem or prescribing the wrong medicine during pregnancy.

One of these cases involves teratogens. These drugs can result in serious birth defects. When pregnant, doctors usually advise women to not take this medication, which is commonly used in the treatment of seizures. If a woman who is pregnant is exposed to this drug, she should submit a claim.

It is essential to select an attorney who has experience in handling these types of cases. You should choose an attorney who has years of experience in this field and operates on contingency basis, which means you won't be charged any fees until you win. Also, look for an attorney with excellent communication and negotiation abilities. 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. Most often, these disorders are genetic, but some of them may be caused by environmental or chemical exposure, or by medications the mother took during pregnancy.

Pharmaceutical manufacturers are required to thoroughly test their products and inform consumers of any risks. Unfortunately some pharmaceutical companies fail to keep up to date with the latest research or fail to anticipate potential side consequences. Some doctors recommend dangerous drugs to their patients, and some women aren't aware of the risks of taking certain medications during pregnancy. These are known as teratogens, and they may cause birth defects in the fetus. This includes spina Bifida.

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

It is essential to gather as the evidence you can before filing a suit against the party responsible. Included in this are ultrasound images or blood tests, as well as medical bills incurred due to. This helps the attorney establish the monetary worth of the case.

Product Liability

Pregnancy can be one of the most exciting, and stressful experiences in a woman's lifetime. It's also a time where medical professionals often make mistakes that could lead to birth defects. A top attorney can help parents file a claim against those accountable for their child's handicap and get the justice they deserve.

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

In addition, the manufacturer and those who prescribe prescription medicines must inform consumers of the dangers. However, a lot of these medications are sold off-label to women who are pregnant age without warnings regarding the potential for birth defects. This is particularly applicable to antidepressants such Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defects lawsuits against pharmaceutical and chemical companies. He concentrates his practice on cases involving the occurrence of birth defects due to parental exposure to toxic chemicals, including the ones used in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.