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Birth Defect Litigation

Certain injuries are beyond the parents or their control. Families may be left with huge debts when these injuries require expensive procedures and specialized care.

A New York birth defect lawyer can assist parents in filing a claim and get compensation to cover future costs. However, the law has strict time limitations on the time a claim has to be filed.





Statute of Limitations

Modern technology and medical advances have helped to reduce the risks of childbirth and pregnancy. Birth defects and injuries do remain a possibility. If they can be prevented, families must explore their legal options.

Many birth defect suits are based on allegations that medical malpractice occurred. These cases can involve mistakes made by nurses or doctors staff at any point during labor, birth and pregnancy. In addition medical professionals may be guilty of medical malpractice following the birth of a child in the event that they fail to provide proper care.

Generally, the statute of limitations in these cases is 2.5 years from the date of the occurrence of medical negligence. For infants this period can be extended. It is nevertheless important to seek legal counsel immediately to ensure that all evidence is gathered and that a timely claim be filed.

In addition to medical malpractice, a lawsuit can also be brought on behalf of a baby for birth defects caused by wrongful toxic and chemical exposures that take place during the mother's pregnancy. Lawyers specially trained in birth defects can investigate and pursue these claims on behalf of the family.

Parents should be aware of the following qualities when selecting an attorney to represent them in a suit for birth defects or injuries:

Medical Malpractice

Birth defects can cause many mental or physical issues. Some birth defects can cause death. Some of these issues are caused by genetics, while others are due to exposure to the environment or the use of prescription medications during pregnancy.

A medical professional or doctor could be accused of malpractice if they cause a birth defect through their actions or inaction. These cases typically are caused by medical negligence during labor or delivery. However, they can comprise any act or failure to act in excess of a medical standard of care, such as failing to recognize a medical issue or prescribing the wrong medication during pregnancy.

One instance of case involves a medication called teratogens, which can cause serious birth defects. Doctors typically advise women to take this medication during pregnancy. It 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 to choose an attorney with experience handling these kinds of cases. Find a law firm that has a specialization in this area, and works on a contingency basis, so there is no cost unless you are successful. Find an attorney who has great negotiation and communication skills. This will help to ensure that you make your claim in time before the time limit expires.

birth defect attorney midland of birth defects can cause mental or physical disabilities, that require expensive medical treatment and accommodations for the child. These conditions are often genetic, but they may also be caused by chemical or environmental exposure, or by medications taken by the mother during pregnancy.

Pharmaceutical manufacturers are required to test their products correctly and warn the public of any risks that could be present. Unfortunately certain pharmaceutical companies fail to keep up with research or foresee potential side consequences. Some doctors recommend dangerous drugs to their patients and some women are not informed about the dangers associated with taking certain drugs while pregnant. These are known as teratogens and may cause birth defects in the fetus, such as spina Bifida.

Other substances that could cause birth defects are chemicals used in the manufacturing and agricultural industries, and heavy metals like mercury, which can contaminate groundwater or air. Diane Paolicelli's legal career has been dedicated to combating powerful corporations that expose women to harmful chemicals and substances that may damage their reproductive health or cause birth defects.

It is essential to gather as many evidences as you can before filing a suit against the parties accountable. This includes blood tests, ultrasound images and medical bills that came up because of the birth defect. This information will help the attorney determine the worth of the case.

Product Liability

Pregnancy is one of the most thrilling and stressful experiences a woman can go through in her life. It's also a time where medical professionals can make mistakes that cause birth defects. A top attorney can help parents to file a claim against the medical professionals who are responsible for their child's disabilities and get the compensation they deserve.

Medical professionals aren't always able to pinpoint the causes of birth defects, but most of them can be caused by environmental or chemical exposure. This could be due to contact by parents with toxic chemicals at the workplace, for example solvents and glycol ethers used in semiconductor manufacturing as well as agricultural chemicals for pesticides and spraying on crops.

Manufacturers and those who prescribe medications are also obliged to inform the public about the risks. A significant portion of these drugs are marketed to women who are pregnant without warnings of the possibility 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 pharmaceutical and chemical companies. His practice is centered around cases where birth defects are caused by parental exposure to toxic chemical, such as those used in semiconductor manufacturing or agricultural. He is a graduate of the American University in Washington, D.C. as well as Suffolk University Law School.