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Birth Defect Litigation

Some injuries are out of the parents or their control. Families may be left with a large bill when injuries require costly procedures and special care.

A New York birth defect lawyer can assist parents who are shocked to file claims and receive compensation to cover future costs. The law has strict time limits on when a claim may be filed.

Statute of Limitations

Modern technology and medical advances have helped reduce the risks that come with childbirth and pregnancy. Birth defects and injuries do continue to occur. Families must consider their legal options if they are preventable.

Many birth defect suits are stemming from claims of medical malpractice. These cases can involve errors made by nurses or doctors at any time during the labor and delivery processes. Additionally medical professionals could be guilty of medical malpractice after the birth of a child if they fail to provide the correct treatment.

In general the statute of limitation for these cases is 2.5 years from the date of the medical error. For infants this period may be extended. It is essential to speak with a lawyer whenever you can to ensure that all the evidence is gathered and that a timely complaint be filed.

A lawsuit can 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 examine these claims and pursue them on behalf of the family.

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

Medical Malpractice

Birth defects can lead to various mental and physical problems. Some birth defects can cause death. Some of these problems are inherited, whereas others are caused by exposure to the environment or the use of prescription medications during pregnancy.

A medical professional or doctor may be accused of negligence when they cause birth defects through their actions or inaction. These cases usually involve medical negligence during labor or delivery. They can also include any act which falls below a standard of medical care, such as the failure to diagnose an illness or prescribing incorrect medication during pregnancy.

One such type of situation involves a drug called teratogens. It can cause birth defects that are serious. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If the woman is exposed to the drug she must submit an action.

It is important to select an attorney who is experienced in handling these kinds of cases. You should seek out an attorney who has experience in this field and is on contingency, which means you don't pay nothing until you win. Also, search for an attorney with excellent negotiation and communication skills. This will ensure that your claim is filed before the time limit expires.

Prescription Drugs





Many birth defects lead to mental or physical disabilities that require costly medical treatment and accommodations for the child. Often, these conditions are genetic, however some can be caused by chemical or environmental exposure, or by medications the mother consumed during pregnancy.

Pharmaceutical manufacturers are required to test their products correctly and inform the public of any potential risks. Unfortunately some pharmaceutical companies fail to keep up with research or anticipate the potential adverse consequences. Moreover, doctors may prescribe dangerous medications to their patients and women may not have adequate information about the dangers of taking certain medications during pregnancy. These medications are referred to as teratogens. They can cause birth defects within the fetus, including spina bifida.

Other substances that could cause birth defects are chemicals used in the agricultural and manufacturing industries, and heavy metals like mercury, which pollute groundwater and air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women to harmful chemicals and other substances that harm their reproductive health and lead to birth defects.

If you are filing an action against the parties that are accountable for your child's health, it is important to gather as much evidence as possible. This includes any ultrasound images, blood tests and medical bills incurred as a result of the birth defect. This assists the attorney in determining the value of the case.

Product Liability

Pregnancy is one of the most exciting and nerve-wracking times in a woman's life. But it's also a time where medical professionals often make mistakes that could cause birth defects. A top lawyer can assist parents in submitting a claim and obtaining the money they deserve from those responsible for the handicap of their child.

Medical professionals aren't always able to determine the specific cause of birth defects, but the majority of them can be due to environmental or chemical exposure. birth defect attorneys santa clarita could be due to contact by parents with toxic chemicals at the workplace, such as glycolethers and solvents utilized in semiconductor manufacturing and agricultural chemicals used for pesticides and spraying of crops.

The pharmaceutical companies and those who prescribe medication must also inform the public about the dangers of their products. A large number of these drugs is marketed to women who are pregnant without warnings about the risk of birth defect. 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. He concentrates his practice on cases involving the occurrence of birth defects that result from exposure of parents to toxic chemicals, which includes those used in semiconductor manufacturing and agriculture. He graduated from the American University in Washington, D.C. as well as Suffolk University Law School.