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Birth Defect Litigation

Parents want perfect children, but some injuries happen outside their control. When these injuries require special treatment and expensive procedures, it could result in huge costs for families.

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

Statute of limitations

Modern technology and medical advances have helped reduce the risks of childbirth and pregnancy. However, birth defects and injuries still occur. Families need to consider their legal options if they can be prevented.

Many birth defect lawsuits are based on accusations of medical malpractice. These cases may involve errors committed by nurses or doctors staff at any stage of labor, pregnancy and birth defect law firms. Additionally, medical professionals can commit medical malpractice after the birth of a baby when they fail to provide proper treatment.

In general, the statutes of limitation for these cases is 2.5 years after the date of the medical mistake. This time frame can be extended for infants. It is crucial to consult a lawyer 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 lawsuit can also be brought on behalf of an infant for birth defects resulting from improper exposure to chemicals and toxic substances that occur during the mother's pregnancy. Lawyers specially trained in birth defects can investigate and prosecute these claims on behalf of the family.

Parents should be aware of the following characteristics when choosing an attorney to represent them in a lawsuit for birth defects or birth injuries:

Medical Malpractice

Birth defects can trigger numerous mental or physical ailments. Some birth defects can cause death. Some of these problems may be genetic and others may be caused by exposure to environmental factors or prescription medications taken during pregnancy.

A medical professional or doctor could be convicted of malpractice when they cause birth defects through their actions or inaction. These cases usually are based on medical negligence during labor or delivery. However, they can be a result of any action or failure to act in excess of a medical standard of care, like failing to diagnose a problem or prescribing the wrong medication during pregnancy.

One example of this type of case is a medication called teratogens. This medication can cause serious birth defects. Doctors usually advise women not to take this medication during pregnancy. It is used to treat seizures. If a woman who is pregnant is exposed to this drug, she should make a claim.

It is vital to select an attorney who has expertise in these kinds of cases. It is best to choose an attorney with extensive experience in this field. It also operates on contingency basis, which means you don't pay anything until you win. Look for an attorney who has great negotiation and communication skills. This will ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities that require costly medical treatment and accommodations for the child. The majority of these problems are genetic, however some of them can be caused by environmental or chemical exposure, or medications that the mother took during pregnancy.

Drug makers are required to test their products thoroughly and warn consumers of any potential risks. Unfortunately, some pharmaceutical companies fail to keep up with research or anticipate potential side consequences. Some doctors recommend dangerous drugs to their patients and some women are not aware of the risks associated with taking certain medications while pregnant. These drugs are known as teratogens, and they can cause birth defects in the fetus including spina bifida.

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

When filing lawsuits against the people responsible for your child's condition, it is important to gather as much evidence as possible. This includes any blood tests, ultrasound images and medical bills that arise as a result of the birth defect. This information can help the attorney to determine the worth of the case.

Product Liability

Pregnancy is among the most exciting and nerve-wracking times in a woman's life. But it's also a period where many medical professionals make mistakes that could cause birth defects. A top lawyer can assist parents in submitting claims and getting the compensation they deserve against those responsible for the handicap of their child.

While the causes of birth defects are typically unknown to medical professionals but a large proportion of birth defects can be linked to exposure to chemicals or environmental causes. This could include exposure of parents to toxic chemicals at work such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used in spraying crops and pesticides.

The pharmaceutical companies and those who prescribe medication also have a duty to warn 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 risk of birth defects. This is particularly the case with 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. His practice is centered around cases involving the development of birth defects due to 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.