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Birth Defect Litigation

Parents want perfect babies However, some accidents happen outside of their control. Families could be faced with huge bills when these injuries require costly procedures and specialized care.

A New York birth defect lawyer can help stunned parents file claims and receive compensation to pay for future expenses. However, the law puts strict time limitations on when a claim should be filed.

Statute of Limitations

Modern technology and medical advances have helped to reduce the risks that come with childbirth and pregnancy. However, birth defects and injuries still occur. Families need to consider their legal options when they are preventable.

Many birth defect law firm defect lawsuits are made on the basis of accusations of medical malpractice. These cases may involve mistakes made by doctors or nurses at any time during labor and birth processes. Medical professionals can also be negligent following the birth of a baby when they fail to provide the proper treatment.

Generally, the time-limit for these cases is 2.5 years from when the act was committed of medical negligence. The time limit can be extended for infants. It is essential to talk with a lawyer whenever you can to ensure that all the evidence is collected, 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 caused by improper toxic and chemical exposures that take place during the mother's pregnancy. Lawyers specially trained in birth defects can investigate and pursue these claims on behalf of the family.

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

Medical Malpractice

Birth defects can result in many mental or physical problems. Some birth defects can cause death. Some of these issues are inherited, while others are caused by exposure to environmental factors or the use of prescription medications during pregnancy.

A medical professional or doctor could be accused of misconduct when they cause birth defects through their actions or inaction. Most cases involve medical negligence during the birth or labor process. However, they can also comprise any act or failure to act that is in violation of a medical standard of care, like not diagnosing a medical condition or prescribing the wrong medicine during pregnancy.

One example of situation is a drug called teratogens, which can cause serious birth defects. During pregnancy, doctors usually recommend women not to take this medication, which is utilized to treat seizures. If women are exposed to the drug then she should make a claim.

It is vital to choose an attorney with previous experience in these cases. Look for a law firm that has a specialization in this area and operates on the basis of a contingent fee, which means you don't have to pay any fees unless you win. Also, search for a lawyer with strong negotiation and communication skills. This will help ensure that your claim is filed before the time for filing expires.

Prescription Drugs

Many birth defects result in physical or mental disabilities, that require expensive medical treatment and accommodations for the child. The majority of these problems are inherited, but a few of them are caused by environmental or chemical exposure, or the medications the mother took while pregnant.

Drug makers are required to test their products thoroughly and inform the public of any potential dangers. Unfortunately certain pharmaceutical companies do not keep up with the latest research or anticipate potential side effects. Additionally, doctors can prescribe dangerous drugs to their patients as well as some women do not get proper information about the risks associated with taking certain drugs during pregnancy. These medications are referred to as teratogens and can cause birth defects in the fetus, including spina Bifida.

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

When bringing an action against the parties responsible for your child's condition It is crucial to gather as much evidence as you can. Included in this are ultrasound images as well as blood tests and medical bills incurred as a result. This information can help the attorney assess 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 time where medical professionals often make mistakes that could lead to birth defects. An experienced attorney can help parents to file a claim against the medical professionals responsible for their child's disability and birth defects acquire the justice they deserve.

While the causes of birth defects are usually unknown to medical experts but a large proportion of birth defects can be attributed to exposure to chemicals or environmental factors. This could include contact from parents with toxic chemicals in the workplace, such as solvents and glycol ethers used in semiconductor manufacturing, as well as agricultural chemicals for pesticides and crop spraying.

The pharmaceutical companies and those who prescribe medicines are also required to warn the public about the dangers of their products. However, a significant portion of these drugs are sold off-label for women of childbearing age without proper warnings about the possibility of birth defects. This is particularly relevant for antidepressants like Prozac and Zoloft.

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