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Birth Defect Litigation

Certain injuries are beyond the parents in their control. Families could be faced with huge debts when these injuries require costly procedures and special attention.

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

Statute of Limitations

Modern technology and medical advances have helped to reduce the risks associated with pregnancy and childbirth. Birth defects and injuries do continue to occur. Families must consider their legal options when they can be prevented.

Many birth defect lawsuits stem from allegations of medical malpractice. These cases could involve mistakes made by nurses or doctors at any time during the pregnancy, labor and delivery procedures. Medical professionals may also be negligent after the birth of a child if they fail provide proper treatment.

Generally speaking, the statute of limitations in these cases is generally 2.5 years from when the act was committed of medical negligence. The time limit is extended for infants. But, it is crucial to seek legal advice as soon as possible to ensure that all evidence is gathered and that a timely claim 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 the pregnancy. Specially trained birth defect lawyers can investigate and bring these cases on behalf of the family.

Parents should take into consideration the following qualities when selecting an attorney to represent them in a lawsuit for birth defects or injuries:

Medical Malpractice

Birth defects can trigger a wide range of mental or physical issues. Some birth defects can be fatal. Some of these issues are inherited, while others are caused by environmental exposures or the use of prescription drugs during pregnancy.

A medical professional or doctor could be accused of malpractice if they cause Birth Defect Lawsuit defects by their actions or inaction. The most common cases involve medical negligence during labor or delivery. However, they can include any act or failure to act that falls short of the medical standard of care, like failing to recognize a medical issue or prescribing the wrong medication during pregnancy.

One such case involves teratogens. These drugs can cause birth defects that are serious. In the course of pregnancy, doctors generally advise women to not take this medication, which is used in the treatment of seizures. If a woman is exposed to the drug, she must file a claim.

It is crucial to select an attorney who is experienced in handling these kinds of cases. You should look for an attorney who has years of experience in this field and is based on contingency, meaning that you won't be charged nothing until you win. Also, you should look for an attorney with excellent communication and negotiation skills. This will ensure that you submit your claim before the time limit expires.

Prescription Drugs

Many birth defects lead to mental or physical disabilities which require expensive medical care and accommodations for the child. These issues are often caused by genetics, but can also be caused by environmental or chemical exposure or medications taken by the mother during pregnancy.

Pharmaceutical manufacturers are required to test their products properly and inform the public about any potential risks. Sadly certain pharmaceutical companies fail to keep up with the latest research or anticipate potential side effects. Certain doctors prescribe dangerous medications to their patients and some women aren't aware of the risks associated with taking certain medications while pregnant. These drugs are referred to as teratogens and can cause birth defects within the fetus including spina bifida.

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

It is important to collect as many evidences as you can before filing a suit against the parties responsible. Included in this are ultrasound images or blood tests, as well as medical bills incurred as a result. This allows the attorney to determine the monetary value of the case.

Product Liability

Pregnancy is among the most exciting and nerve-wracking times in a woman's life. It's also a time where many medical professionals can make mistakes that result in birth defects. An experienced attorney can help parents to file a claim against the medical professionals who are responsible for their child's disabilities and receive the proper compensation they're entitled to.

Medical experts aren't always able determine the specific cause of birth defects, but a large number can be due to environmental or chemical exposure. This can be due to exposure by parents to toxic chemicals in the workplace such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used in spraying for crops and pesticides.

In addition, the manufacturer and those who prescribe prescription medicines have a responsibility to inform consumers of the dangers. A large number of these drugs are offered to women who are pregnant, without warnings of the potential for birth defects. This is especially applicable to antidepressants such Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect attorneys defect lawsuits against chemical and pharmaceutical companies. His practice focuses on cases involving the occurrence of birth defects that result from exposure of parents to toxic chemicals such as the ones used in semiconductor manufacturing and agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.

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