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Birth Defect Litigation

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

A New York birth defect lawyer can assist parents in filing claims and receive compensation to pay for future expenses. The law has strict time limits on when a claim can be filed.

Statute of limitations

Modern technology and medical advances have helped to reduce the risks that come with childbirth and pregnancy. Birth defects and injuries do persist. Families need to consider their legal options if they can be prevented.

Many birth defect suits are based on allegations of medical malpractice that occurred. These cases can involve mistakes made by doctors or nursing staff at any time during labor, birth and pregnancy. Medical professionals may also be negligent after the birth of a baby in the event that they fail to provide appropriate treatment.

In general the statute of limitations in these cases are 2.5 years from the date of the medical negligence. This time frame can be extended to infants. However, it is essential to seek legal counsel as soon as you can to ensure that all evidence is obtained and that a timely claim be filed.

In addition to medical malpractice, a lawsuit can also be brought on behalf of an infant for birth defects that result from wrongful toxic and chemical exposures that occur during the mother's pregnancy. birth defect lawyer flint trained in birth defects can investigate and prosecute these claims on behalf of the family.

When choosing an attorney for a birth defect or birth injury lawsuit parents should look for the following characteristics:

Medical Malpractice

Birth defects can trigger a wide range of mental or physical problems. Some of them can be fatal. Some of these problems are inherited, whereas others are caused by environmental exposures or the use of prescribed drugs during pregnancy.





A medical professional or doctor could be accused of misconduct when they cause birth defects by their actions or inaction. These cases usually are caused by medical negligence during labor or delivery. However, they can include any act or failure to act that is in violation of a medical standard of care, for instance, failing to diagnose a condition or prescribing the wrong medicine 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 file an insurance claim.

It is important that you choose an attorney with prior experience in these types of cases. You should look for an attorney with years of experience in this field and is on contingency, which means you won't be charged any fees until you win. Also, search for a lawyer who has excellent communication and negotiation skills. This can help ensure that your claim is filed before the time for filing expires.

Prescription Drugs

Many birth defects can cause physical or mental disabilities that require costly medical treatment and accommodations for the child. These issues are often genetic, but can also be caused by environmental or chemical exposure, or by medications taken by the mother during pregnancy.

Drug manufacturers have an obligation to thoroughly test their products and warn consumers of any potential risks. Unfortunately some pharmaceutical companies do not keep up-to-date with current research or fail to anticipate potential adverse effects. Certain doctors prescribe dangerous medications to their patients, and some women aren't aware of the risks of taking certain medications during pregnancy. These drugs, known as teratogens can cause birth defects, such as spina-bifida, which is a birth defect in the fe.

Other substances that could cause birth defects are chemicals used in the agricultural and manufacturing industries, as well as heavy metals like mercury, which contaminate air or groundwater. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women to harmful chemicals and other substances that damage 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 the most evidence you can. This includes blood tests, ultrasound images, and medical bills that arose due to the birth defect. This helps the attorney establish the financial value of the case.

Product Liability

Pregnancy is among the most thrilling and stressful moments in a woman's life. However, it's also a time where medical professionals often make mistakes that could lead to birth defects. A top attorney can help parents file a claim against those responsible for their child's disability and get the proper compensation they're entitled to.

Although the causes of birth defects are often unknown to medical experts, a significant number are linked to exposure to chemicals or environmental factors. This can include exposure by parents to toxic chemicals at work such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used in crop spraying and pesticides.

The manufacturers and the people who prescribe medicines also have a duty to warn the public about the risks. A majority of these medications are sold to women who are expecting without warnings of the possibility of birth defect. This is especially relevant for antidepressants like 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 involving the occurrence of birth defects due to parental exposure to toxic chemicals, such as those used in semiconductor manufacturing as well as agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.