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birth defect lawsuit Defect Litigation

Some injuries are out of the parents' control. Families could be faced with huge debts when these injuries require costly procedures and special treatment.

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 deadlines on when a claim can be filed.

Statute of Limitations

Modern technology and medical advances have made it possible to reduce the risks that are associated with childbirth, pregnancy and birth. However birth defects and injuries can still occur. If they can be prevented, families should consider their legal options.

Many birth defect lawsuits stem from allegations of medical malpractice. These cases can involve mistakes committed by nurses or doctors staff at any time during pregnancy, labor and birth. Medical professionals may also commit malpractice after the birth of a baby by failing to provide the correct treatment.

Generally speaking, the statute of limitations in these cases is 2.5 years from the date of the occurrence of medical negligence. For infants, this time period may be extended. But, it is crucial to seek legal counsel as soon as you can to ensure that all evidence is gathered and that a timely claim be filed.

In addition to medical malpractice, a suit can also be filed on behalf of an infant for birth defects caused by improper toxic and chemical exposures that take place during the mother's pregnancy. Specially trained birth defects lawyers can look into the claims and then prosecute them on behalf of the family.

When selecting an attorney for a birth injury or defect lawsuit parents should be looking for the following qualities:

Medical Malpractice

Birth defects can trigger a wide range of mental or physical problems. Some may even be fatal. Some of these issues are genetic, but others are caused by exposure to environmental factors or the use of prescribed drugs during pregnancy.

A doctor or medical professional 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. They can also include any act which falls below a standard of medical treatment, for instance, failing to diagnose an illness or prescribing the wrong medication during pregnancy.

One example is involving Teratogens. These drugs can cause birth defects that are serious. Doctors typically advise women not to take this medication during pregnancy. It is used to treat seizures. If a pregnant woman is exposed to this drug, she should submit an insurance claim.

It is crucial to select an attorney with expertise in these kinds of cases. Choose a law firm that specializes in this area and operates on the basis of a contingent fee, which means you won't have to pay a dime unless you are successful. Find an attorney who has great negotiation and communication skills. This can help ensure that your claim is filed before the time for filing expires.

Prescription Drugs

A variety of birth defects cause mental or physical disabilities that require expensive medical treatment and accommodations for the child. The majority of these problems are genetically inherited, but some can be caused by chemical or environmental exposure, or by medications the mother was taking during pregnancy.

Pharmaceutical manufacturers are required to thoroughly test their products and warn consumers about any risks. Sadly some pharmaceutical companies do not keep up with the latest research or anticipate potential side consequences. Moreover, doctors may prescribe dangerous drugs to patients, and some women do not receive adequate information on the risks of taking certain medications during pregnancy. These drugs, known as teratogens, can cause birth defects, like spina-bifida, which is a birth defect in the fe.

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

When filing a lawsuit against the parties responsible for your child's condition It is crucial to gather as much evidence as you can. This includes any ultrasound scans, blood tests, and medical bills that arise due to the birth defect. This will help the attorney determine the monetary value of the case.

Product Liability

Pregnancy can be one of the most exciting, yet nerve-wracking experiences in a woman's lifetime. But it's also a period when medical professionals can make mistakes that can cause birth defects. A top attorney can help parents make a claim against those responsible for their child's condition and get the proper compensation they're entitled to.

Medical experts are not always able determine the causes of birth defects, but most of them can be caused by environmental or chemical exposure. This can include parental contact with toxic chemicals at the workplace, such as glycol ethers and solvents that are used in semiconductor manufacturing and chemical pesticides used in agriculture and spraying crops.

Additionally, the manufacturers and the people who prescribe prescription medications have a responsibility to inform people of their risks. A majority of these drugs are offered to women who are pregnant, without warnings about the risk of birth defect. This is particularly applicable to antidepressants such Prozac and Zoloft.

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