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birth defect lawsuit Defect Litigation

Some injuries are out of the parents of their control. When these injuries require special care and costly procedures, it can result in huge costs for families.

A New York birth defect lawyer can assist parents who are shocked to file a claim and get compensation to cover future expenses. However, the law puts strict deadlines on the time a claim has to be filed.

Statute of Limitations

Modern technology and medical advances have helped reduce the risks of childbirth and pregnancy. However birth defects and injuries do occur. Families must consider their legal options if they can be prevented.

Many birth defect lawsuits are based upon allegations of medical malpractice. These cases could involve mistakes made by doctors or nursing staff at any point during labor, birth and pregnancy. Medical professionals may also commit malpractice after the birth of a baby in the event that they fail to provide appropriate treatment.

In general, the statutes of limitations in these cases are 2.5 years after the date of the medical mistake. This time period can be extended to infants. However, it is important to seek legal advice as soon as possible to ensure that all evidence has been collected 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. Specially trained birth defect lawyers can investigate and bring these cases on behalf of the family.

When selecting an attorney for a birth defect or birth injury lawsuit parents should look for the following characteristics:

Medical Malpractice

Birth defects can lead to numerous mental or physical problems. Some birth defects can be fatal. Some of these issues may be genetic, while others are caused by exposure to environmental factors or prescription medications 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 typically involve medical negligence during labor or delivery. However, they can include any act or failure to act that is in violation of a medical standard of care, like not diagnosing a medical condition or prescribing the wrong medication during pregnancy.

One example of situation is a drug known as teratogens, which could cause serious birth defects. During pregnancy, doctors usually recommend women not to take this medication, which is commonly used in the treatment of seizures. If a woman who is pregnant is exposed to this drug, she should submit a claim.

It is important that you choose an attorney with expertise in these kinds of cases. You should seek out a firm that has extensive experience in this field. It also works on contingency, so you won't have to pay anything until you are successful. Choose an attorney with outstanding negotiation and communication skills. This will help to ensure that you file your claim before the time limit expires.

Prescription Drugs

Many birth defects result in physical or mental disabilities, which require expensive medical care and accommodations for the child. These disorders are usually caused by genetics, but can also be caused by chemical or environmental exposure or the use of medications by the mother during pregnancy.

Drug makers are required to thoroughly test their products and warn consumers about any potential risks. Unfortunately, some pharmaceutical companies do not keep up with research or anticipate possible side effects. Some doctors prescribe dangerous drugs to their patients. Moreover, some women are not aware of the risks of taking certain medications during pregnancy. These medications are referred to as teratogens and can cause birth defects in the fetus including spina Bifida.

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

It is essential to gather as the evidence you can before filing a suit against the parties responsible. This includes any ultrasound images, blood tests and medical bills incurred due to the birth defect. This information can help the attorney determine the value of the case.

Product Liability

Pregnancy is one of the most thrilling and stressful times in a woman's life. It's also a time when medical professionals can make mistakes that can cause birth defects. A top lawyer can help parents file a claim against those who are responsible for their child's disabilities and obtain the compensation they deserve.

Although the causes of birth defects are generally unknown to medical experts but a large proportion of birth defects are linked to exposure to chemicals or environmental factors. This could include contact from parents with toxic chemicals at the workplace, for example glycol ethers and solvents used in semiconductor manufacturing and agricultural chemicals for pesticides and spraying crops.

Manufacturers and those who prescribe medicines are also obliged to warn the public about the risks. However, a lot of these drugs are offered off-label to women of childbearing age without warnings regarding the potential for birth defects. This is particularly applicable to antidepressants such Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. His practice focuses on cases involving the occurrence birth defects due to exposure of parents to toxic chemicals such as the ones used in semiconductor manufacturing and agriculture. He is a graduate of the American University in Washington, D.C., and Suffolk University Law School.