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Birth Defect Litigation

Some injuries are out of the parents in their control. Families can be left with a huge 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 pay for future expenses. The law has strict time limits for when claims can be filed.

Statute of Limitations

Modern technology and medical advancements have helped to reduce risks associated with pregnancy, childbirth and birth. Birth defects and injuries do remain a possibility. Families need to consider their legal options if they are preventable.

Many birth defect lawsuits are founded on allegations of medical malpractice. These cases may involve errors made by doctors or nursing staff at any time during labor, birth and pregnancy. Additionally medical professionals could be guilty of medical malpractice after a child's birth by failing to provide proper care.





Generally, the time limit for these cases is generally 2.5 years from the date of the act of medical malpractice. The time limit can be extended to infants. However, it is essential to seek legal advice as soon as possible to ensure that all evidence is gathered and that a timely claim be filed.

In addition to medical malpractice, a lawsuit could also be filed on behalf of a baby for birth defects resulting from improper toxic and chemical exposures that take place during the mother's pregnancy. Specially trained birth defects lawyers can investigate the claims and then prosecute them on behalf of the family.

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

Medical Malpractice

Birth defects can result in numerous physical or mental problems. Certain birth defects could cause death. Some of these issues could be genetic, while others are caused by exposure to environmental factors or prescription drugs taken during pregnancy.

A doctor or medical professional could be convicted of malpractice in the event of causing a birth defect through their actions or inaction. These cases are usually caused by medical negligence during labor or delivery. They can also include any act which falls below a standard of medical treatment, for instance not diagnosing an illness or prescribing the wrong medication during pregnancy.

birth defect lawsuit delaware is involving Teratogens. These drugs can result in serious birth defects. During pregnancy, doctors usually advise women to not take this medication, which is utilized to treat seizures. If a woman is exposed to the drug, then she must file an insurance claim.

It is crucial to select an attorney who has experience in handling these types of cases. It is best to choose an attorney who has extensive experience in this field. It also is on contingency, which means you won't be charged anything until you are successful. Also, look for an attorney who has strong communication and negotiation abilities. This can help ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

Many birth defects lead to mental or physical disabilities, that require expensive medical treatment and accommodations for the child. Most of the time, these issues are inherited, but a few can be caused by environmental or chemical exposure, or the medications the mother consumed during pregnancy.

Pharmaceutical manufacturers are required to ensure that their products are tested properly and warn the public of any risks that could be present. Unfortunately, some pharmaceutical companies fail to keep up with the latest research or fail to anticipate potential adverse consequences. Certain doctors prescribe dangerous medications to their patients. Moreover, some women are not informed about the risks associated with taking certain medications during pregnancy. These drugs, referred to as teratogens can cause birth defects, such as spina-bifida that can occur in the fetus.

Other substances that may cause birth defects include chemicals used in agriculture and manufacturing in addition to heavy metals, like mercury, which are contaminating the groundwater or air. Diane Paolicelli's legal career is dedicated to fighting powerful corporations that expose women to toxic chemicals and substances that could harm their reproductive health or cause birth defects.

If you decide to file lawsuits against the parties who are responsible for your child's illness, it is important to gather as much evidence as you can. This includes ultrasound scans, blood tests and medical bills that arose as a result of the birth defect. This information helps the attorney assess the value of the case.

Product Liability

Pregnancy is one of the most thrilling and stressful moments in a woman's life. It's also a time where many medical professionals can make mistakes that lead to birth defects. A top lawyer can help parents file a claim against those responsible for their child's disability and acquire the compensation they deserve.

Medical experts aren't always able determine the exact cause of birth defects, however the majority of them can be caused by environmental or chemical exposure. This can include parental exposure to toxic chemicals at work such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used in spraying crops and pesticides.

Manufacturers and those who prescribe medication must also warn the public about the dangers of their products. However, a significant portion of these medications are sold off-label to women of childbearing age, without warnings about the possibility of birth defects. This is particularly applicable to antidepressants, such as Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. He focuses his practice on cases where birth defects result from parental exposure to toxic chemical like those used in semiconductor manufacturing or farming. He is a graduate of the American University in Washington, D.C. as well as Suffolk University Law School.