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Birth Defect Litigation

Certain injuries are beyond 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 in filing an appeal and obtain compensation to cover future costs. The law has strict deadlines on when a claim may be filed.

Statute of Limitations

Modern medical technology and advances have reduced the risks related to pregnancy, childbirth and birth. Birth defects and injuries do persist. When they are preventable, families should consider their legal options.

Many birth defect lawsuits are based on allegations of medical malpractice. These cases could involve mistakes made by doctors or nursing staff at any time during pregnancy, labor and birth defect attorneys. In addition medical professionals may be guilty of medical malpractice following the birth of a child, by failing to provide the correct treatment.

In general the statute of limitation for these cases is 2.5 years after the date of the medical error. For infants, the time period can be extended. It is important to consult a lawyer whenever you can to ensure that all evidence is collected, and that a timely complaint can be filed.

A lawsuit may be filed on behalf of a child in relation to birth defects caused by toxic and chemical exposures during pregnancy. Specially trained birth defect lawyers (Jejucordelia.com) can investigate and defend these claims on behalf of the family.

Parents should think about the following characteristics when choosing an attorney to represent them in a lawsuit involving birth defects or injuries:

Medical Malpractice

Birth defects can lead to a variety of mental and physical issues. Some of them may even be fatal. Some of these issues may be genetic while others are caused by environmental exposures or prescription drugs used during pregnancy.

A doctor or medical professional could be accused of malpractice when they cause birth defects through their actions or inaction. The most common cases involve medical negligence during labor or delivery. They also encompass any other be in compliance with a standard of medical treatment, for instance the failure to diagnose an illness or prescribing incorrect medication during pregnancy.

One example involves the teratogens. These drugs can cause birth defects that are serious. Doctors typically advise women to take this medication during pregnancy. It is used to treat seizures. If the woman is exposed to the drug, it is recommended that she make a claim.

It is important that you select an attorney with previous experience in these cases. Look for a law firm that specializes in this area, and works on an on a contingency basis, meaning you don't pay anything unless you succeed. Look for an attorney with excellent communication and negotiation skills. This can help ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

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

Drug makers are required to ensure that their products are tested properly and inform the public of any potential dangers. Sadly, some pharmaceutical companies do not keep up with the latest research or anticipate potential side effects. Some doctors prescribe dangerous drugs to their patients. Moreover, some women are not aware of the dangers associated with taking certain drugs while pregnant. These medications are referred to as teratogens, and they could cause birth defects in the fetus, such as spina Bifida.

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

It is essential to gather as many evidences as you can prior to filing a lawsuit against the parties accountable. Included in this are any ultrasound images as well as blood tests and medical bills incurred as a result. This information helps the attorney assess the value of the case.

Product Liability

Pregnancy is among the most thrilling and stressful times in a woman's life. It's also the time that medical professionals make mistakes that cause birth defects. A top lawyer can help parents file a claim against those responsible for their child's disability and acquire the justice they deserve.

Medical experts are not always able determine the causes of birth defects, but many of them can be due to environmental or chemical exposure. This can include exposure by parents to harmful chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, as well as agricultural chemicals used for pesticides and crop spraying.

The manufacturers and the people who prescribe medication are also required to inform the public about their risks. However, a lot of these drugs are sold off-label to women who are pregnant age without adequate warnings about the potential for birth defects. This is especially relevant 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 where birth defects result from exposure of parents to toxic chemicals such as those that are used in semiconductor manufacturing or agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.