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Birth Defect Litigation

Certain injuries are beyond the parents in their control. When injuries require specialized care and costly procedures, it could cause families to incur huge costs.





A New York birth defect lawyer can assist parents who are shocked to file an appeal and obtain compensation to pay for future expenses. The law has strict deadlines on when a claim may be filed.

Statute of limitations

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

Many birth defect lawsuits are founded on allegations that medical malpractice occurred. These cases may involve mistakes made by nurses or doctors at any point during the pregnancy, labor and delivery processes. Medical professionals may also be guilty of malpractice following the birth of a child if they fail provide proper treatment.

In general the statute of limitations for these cases is 2.5 years from the date of the medical mistake. The time frame can be extended for infants. However, it is essential to seek legal advice as soon as you can to ensure that all evidence is collected and that a timely claim be filed.

In addition to medical malpractice, a suit can also be filed on behalf of a baby for birth defects caused by wrongful toxic and chemical exposures that occur during the mother's pregnancy. Specially trained birth defects lawyers are able to investigate these claims and pursue them on behalf of the family.

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

Medical Malpractice

Birth defects can lead to an array of physical or mental problems. Some birth defects can cause death. Some of these problems are inherited, whereas others are due to exposure to the environment or the use of prescription drugs during pregnancy.

A doctor or medical professional could be accused of malpractice when they cause birth defects due to their actions or inaction. These cases usually involve medical negligence during the birth or labor process. However, they may also include any act or inability to act that is in violation of a medical standard of care, like failing to diagnose a condition or prescribing the wrong medicine during pregnancy.

One such case involves teratogens. These medications can cause serious birth defects. When pregnant, doctors usually advise women to not take this medication, which is used to treat seizures. If a woman who is pregnant is exposed to this medication, she must file an insurance claim.

It is important that you select an attorney who has experience in these types of cases. Choose a law firm that is experienced in this area and operates on the basis of a contingent fee, which means you don't have to pay any fees unless you get the case won. Also, search for a lawyer who has excellent negotiation and communication abilities. This will help ensure that your claim is filed before the time limit expires.

birth defect lawsuit gastonia cause physical or mental disabilities that require costly medical treatment and accommodations for the child. These conditions are often genetic, but they can also be caused by environmental or chemical exposure or medication taken by the mother during pregnancy.

Drug makers are required to test their products thoroughly and warn the public of the potential dangers. Sadly many pharmaceutical companies fail to keep up with the latest research or anticipate potential side consequences. Some doctors recommend dangerous drugs to their patients. Some women are not aware of the dangers associated with taking certain drugs while pregnant. These drugs, known as teratogens, may cause birth defects, like spina-bifida in the fetus.

Other substances that may cause birth defects include chemicals used in manufacturing and agriculture as well as heavy metals like mercury that are contaminating groundwater or air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women to harmful chemicals and substances that could affect their reproductive health and lead to birth defects.

When filing a lawsuit against the parties who are responsible for your child's illness It is crucial to gather as much evidence as you can. This includes ultrasound images, blood tests, and medical bills incurred because of the birth defect. This assists the attorney in determining the monetary value of the case.

Product Liability

Pregnancy is among the most exciting and anxious experiences of a woman's lifetime. But it's also a time when medical professionals can make mistakes that could cause birth defects. An experienced attorney can help parents in submitting claims and getting the compensation they deserve from those responsible for the disability of their child.

Although the causes of birth defects are typically not understood by medical professionals but a large proportion of birth defects can be linked to exposure to chemicals or environmental factors. This can include parental contact with toxic chemicals at the workplace, such as glycol ethers and solvents used in semiconductor manufacturing as well as agricultural chemicals for pesticides and spraying on crops.

The pharmaceutical companies and those who prescribe medicines also have a duty to inform the public about the dangers of their products. However, a lot of these drugs are sold off-label for women of childbearing age without warnings regarding the risk of birth defects. This is especially true for antidepressants like Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. His practice is centered around cases where birth defects result from parental exposure to toxic chemical such as those that are used in semiconductor manufacturing or agricultural. He graduated from the American University in Washington, D.C. as well as Suffolk University Law School.