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Birth Defect Litigation

Certain injuries are beyond the parents' control. When these injuries require special treatment and costly procedures, it can cause families to be faced with massive costs.

A New York birth defect attorney can help parents in shock file an action to receive compensation for future expenses. However, the law places strict deadlines for when a claim needs to be filed.

Statute of Limitations

Modern medical technology and advances have reduced the risks associated with pregnancy, childbirth and birth. Birth defects and injuries remain a possibility. If they can be prevented, families should consider their legal options.

Many birth defect lawsuits are founded on allegations of medical malpractice that occurred. These cases could involve mistakes made by doctors or nursing personnel at any stage of labor, pregnancy and birth. Additionally medical professionals may be guilty of medical malpractice after the birth of a child when they fail to provide proper care.

Generally, the statute of limitations in these cases is 2.5 years from the date of the incident of medical malpractice. The time frame is extended for infants. It is essential to talk with a lawyer immediately to ensure that all the evidence is gathered and that a timely complaint can be filed.

A lawsuit can be filed on behalf of a child in relation to birth defects caused by toxic and chemical exposures during the pregnancy. Lawyers specially trained in birth defects are able to investigate these claims and prosecute them on behalf of the family.

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

Medical Malpractice

Birth defects can result in an array of physical or mental problems. Some birth defects may be fatal. Some of these issues could be caused by genetics while others are triggered by environmental exposures or prescription medications used during pregnancy.

birth defect lawsuit avondale or doctors could be convicted of malpractice when they cause birth defects as a result of their actions or inaction. These cases typically involve medical negligence during labor or delivery. However, they can comprise any act or failure to act that is not in the range of the medical standard of care, for instance, not diagnosing a medical condition or prescribing the wrong medication during pregnancy.

One of these cases involves the teratogens. These medications can lead to serious birth defects. In the course of pregnancy, doctors generally recommend women not to take this medication, which is utilized in the treatment of seizures. If women are exposed to the drug then she must submit an action.

It is essential to select an attorney who has previous experience in these cases. You should choose an attorney with extensive experience in this field. It also is based on contingency, meaning that you don't pay anything until you are successful. Also, you should look for a lawyer with strong communication and negotiation skills. This will ensure that you submit your claim before the time limit expires.

Prescription Drugs

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

Pharmaceutical manufacturers are required to test their products properly and inform the public of the potential dangers. Unfortunately some pharmaceutical companies don't keep up-to-date with the latest research or fail to anticipate potential side consequences. Moreover, doctors may prescribe dangerous drugs to their patients, and some women do not receive the correct information regarding the risks of taking certain medications during pregnancy. These drugs, known as teratogens may cause birth defects such as spina-bifida, which is a birth defect in the fe.

Other substances that can cause birth defects are chemicals used in the agricultural and manufacturing industries, and heavy metals like mercury that affect groundwater or the air. Diane Paolicelli's legal profession has been focused on combating powerful corporations that expose women to toxic substances and chemicals that can harm their reproductive health or cause birth defects.

It is crucial to gather as the evidence you can before filing a lawsuit against the parties responsible. This includes ultrasound images, blood tests, and medical bills that came up as a result of the birth defect. This information helps the attorney assess the worth of the case.

Product Liability

Pregnancy is among the most thrilling and stressful events in a woman's lifetime. It's also a time when many medical professionals can make mistakes that cause birth defects. An experienced attorney can assist parents make a claim against those responsible for their child's disability and obtain the justice they deserve.

Medical experts aren't always able to determine the specific cause of birth defects, but a large number can be attributed to chemical or environmental exposure. This can include parental exposure to toxic chemicals in the workplace such as glycol ethers and solvents in semiconductor manufacturing, as well as agricultural chemicals used for crop spraying and pesticides.

Manufacturers and those who prescribe medications must also warn the public about their risks. Yet, a large percentage of these medications are sold off-label to women of childbearing age without warnings regarding the potential for birth defects. This is particularly true for antidepressants like Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. His practice is centered around cases that involve the occurrence of birth defects due to parental exposure to toxic chemicals, such as those used in semiconductor manufacturing and agriculture. He is a graduate of the American University in Washington, D.C. and Suffolk University Law School.