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Birth Defect Litigation

Some injuries are beyond the parents of their control. Families may be left with huge bills when these injuries require costly procedures and special treatment.

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

Statute of limitations

Modern medical technology and advances have aided in reducing the risks associated with pregnancy, childbirth and birth. Birth defects and injuries persist. Families should consider their legal options if they can be prevented.

Many birth defect lawsuits are based upon allegations of medical malpractice. These cases may involve mistakes committed by nurses or doctors at any point in the pregnancy, labor and delivery processes. In addition medical professionals could be guilty of medical malpractice following a child's birth when they fail to provide the proper treatment.

In general the statute of limitations in these cases is 2.5 years from the date of the medical negligence. This time frame is extended for infants. It is essential to speak with an attorney whenever you can to ensure that all the evidence is gathered and that a timely complaint be filed.

A lawsuit may be filed on behalf of a child to claim birth defects that are caused by chemical and toxic exposures during 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 aspects when choosing an attorney to represent their interests in a lawsuit filed for birth defect or injury:

Medical Malpractice

Birth defects can trigger many physical or mental problems. Certain birth defects can cause death. Some of these problems are inherited, while others are caused by exposure to environmental factors or the usage of prescription drugs during pregnancy.

A doctor or medical professional could be accused of malpractice when they cause birth defects by their actions or inaction. These cases usually are based on medical negligence in labor or delivery. They also encompass any other do something that is below the standard of medical treatment, for instance not diagnosing an illness or prescribing incorrect medication during pregnancy.

One example is involving Teratogens. These drugs can result in birth defects that are serious. Doctors typically 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 an insurance claim.

It is crucial to select an attorney who is experienced in handling these kinds of cases. It is best to choose a firm that has experience in this field and is on contingency, which means you don't have to pay anything until you win. Additionally, you should choose an attorney who has strong communication and negotiation abilities. This will ensure that you make your claim in time 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. Most often, these disorders are genetically inherited, but some of them are caused by environmental or chemical exposure, or the medications the mother took during pregnancy.

Pharmaceutical companies are required to ensure that their products are tested properly and warn the public of any potential risks. Unfortunately, some pharmaceutical companies don't keep up-to-date with current research or fail to anticipate potential side consequences. Moreover, doctors may prescribe dangerous drugs to their patients as well as some women do not receive adequate information on the dangers of taking certain medications during pregnancy. These drugs are known as teratogens and may cause birth defects in the fetus including spina bifida.

Other substances that could cause birth defects are chemicals used in the agricultural and manufacturing industries, and heavy metals such as mercury that can contaminate groundwater or air. Diane Paolicelli's legal career is focused on fighting powerful corporations who expose women to toxic chemicals and substances that can cause harm to their reproductive health and lead to birth defects.

It is essential to gather as the evidence you can prior to filing a lawsuit against the responsible parties. This includes ultrasound scans, blood tests and medical bills that arose because of the birth defect. This information will help the attorney determine the value of the case.

Product Liability

Pregnancy is one of the most exciting and nerve-wracking times in a woman's life. It's also a time when medical professionals can make mistakes that can lead to birth defects. An experienced attorney can help parents in submitting an action and obtaining the money they deserve from those responsible for the disability of their child.

Although the causes of birth defects are generally not understood by medical professionals, a significant number can be attributed to environmental or chemical exposure. This can include parental exposure to harmful chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, as well as agricultural chemicals used for spraying crops and pesticides.

In addition, manufacturers and those who prescribe prescription medicines have a responsibility to warn patients of the risks. A significant portion of these drugs are marketed to pregnant women without warnings of the potential for eloy birth defect attorney defects. This is particularly true for antidepressants such as 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 where mendota heights birth defect lawyer defects are caused by exposure to toxic chemicals by parents, such as those employed in semiconductor manufacturing or agricultural. He graduated from American University in Washington, D.C. and Suffolk University Law School.