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Birth Defect Litigation

Some injuries are out of the parents of their control. If injuries that result from these accidents require special care and costly procedures, it could result in huge costs for families.

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

Statute of limitations

Modern technology and medical advances have helped to reduce risks related to pregnancy, childbirth and birth. However birth defects and injuries continue to occur. If they're preventable, families need to explore their legal options.

Many birth defect lawsuits are founded on allegations of medical malpractice. These cases may involve mistakes committed by nurses or doctors at any point in the labor and birth procedures. Medical professionals can also be guilty of malpractice following the birth of a baby by failing to provide the correct treatment.

In general the statute of limitation for these cases are 2.5 years after the date of the medical negligence. The time limit can be extended for infants. It is essential to talk with an attorney as soon as you can to ensure that all the evidence is collected, and that a timely complaint be filed.

In addition to medical malpractice, a suit may also be filed on behalf of a baby for birth defects that result from wrongful exposure to chemicals and toxic substances that take place during the mother's pregnancy. Specially trained birth defect attorneys defects lawyers are able to investigate these claims and pursue them on behalf of the family.

Parents should take into consideration the following factors when choosing an attorney to represent them in a suit for birth defects or birth injuries:

Medical Malpractice

Birth Defect Lawsuit defects can cause various mental and physical ailments. Some birth defects may cause death. Some of these problems may be genetic while others are caused by exposure to environmental factors or prescription drugs used during pregnancy.

A medical professional or doctor could be accused of misconduct if they cause birth defects through their actions or inaction. These cases usually are caused by medical negligence during labor or delivery. However, they could also comprise any act or failure to act that falls short of a medical standard of care, for instance, failing to recognize a medical issue or prescribing the wrong medication during pregnancy.

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

It is essential to select an attorney with experience in these types of cases. Choose a law firm that specializes in this area, and works on an hourly basis, which means you don't pay anything unless you win. Also, search for an attorney who has strong communication and negotiation skills. This will help to ensure that you file 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 disorders are usually genetic, but they can also be caused by chemical or environmental exposure or medication taken by the mother during pregnancy.

Pharmaceutical manufacturers are required to test their products thoroughly and warn the public of the potential dangers. Unfortunately certain pharmaceutical companies do not keep up to date with the latest research or fail to anticipate possible side consequences. Certain doctors prescribe dangerous medications to their patients. Moreover, some women are not informed about the risks associated with taking certain medications during pregnancy. These drugs, referred to as teratogens can cause birth defects, including spina-bifida, in the fetus.

Other substances that could cause birth defects are chemicals used in manufacturing and agriculture and heavy metals, like mercury, which are contaminating the groundwater and air. Diane Paolicelli's career in law has been focused on fighting powerful corporations who expose women to harmful chemicals and substances that could affect their reproductive health or lead to birth defects.

When bringing lawsuits against the parties accountable for your child's condition, it is important to gather as much evidence as you can. Included in this are ultrasound images, blood tests, and medical bills incurred as a result. This information assists the attorney assess the value of the case.

Product Liability

Pregnancy is among the most exciting, but stressful experiences in women's lives. However, it's also a time when medical professionals can make mistakes that can cause birth defects. A top attorney can assist parents in filing claims and getting the amount they deserve from the people responsible for the disabilities of their child.

While the causes of birth defects are generally unknown to medical professionals, a significant number can be attributed to environmental or chemical exposure. This could include contact from parents with toxic chemicals in the workplace, like solvents and glycol ethers used in semiconductor manufacturing and agricultural chemicals for pesticides and spraying of crops.

Additionally, the manufacturers and those who prescribe prescription medications have a responsibility to warn people of their risks. Yet, a substantial portion of these drugs are offered off-label for women of childbearing age, without warnings about the risk of birth defects. This is particularly applicable to antidepressants, such as 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 are caused by exposure to toxic chemicals by parents such as those that are used in semiconductor manufacturing or farming. He graduated from American University in Washington, D.C. and Suffolk University Law School.