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Birth Defect Litigation


Parents want their children to be perfect, but some injuries happen outside their control. If these injuries require special care and costly procedures, it could result in huge costs for families.

A New York birth defect attorney can assist parents shocked to file an appeal to be compensated 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 reduce the risks that come with childbirth and pregnancy. Birth defects and injuries do still occur. When they are preventable, families must consider their legal options.

Many birth defect lawsuits are based on allegations of medical malpractice. These cases could involve mistakes made by nurses or doctors personnel at any stage of labor, birth and pregnancy. In addition medical professionals can be guilty of medical malpractice after the birth of a child, in the event that they fail to provide the proper treatment.

Generally, the statute of limitations in these cases is 2.5 years from the date of the incident of medical negligence. For infants this period can be extended. But, it is crucial to seek legal counsel as soon as possible to ensure that all evidence is collected and that a timely claim 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. Lawyers specially trained in birth defects can look into these claims and bring them to trial on behalf of the family.

Parents should take into consideration the following characteristics when choosing an attorney to represent their interests in a lawsuit filed for birth defects or injuries:

Medical Malpractice

Birth defects can trigger a wide range of mental or physical problems. Some of them could be fatal. Certain of these problems could be caused by genetics and others may be caused by environmental exposures or prescription drugs taken during pregnancy.

A medical professional or doctor could be accused of misconduct when they cause a birth defect through their actions or inaction. The majority of these cases are based on medical negligence during delivery or labor. However, they could also include any act or failure to act in excess of the medical standard of care, for instance, failing to diagnose a problem or prescribing the wrong medication during pregnancy.

birth defect attorneys fairfield of case is a medication called teratogens, which can cause birth defects that are serious. Doctors usually advise women not to take this medication during pregnancy. It is used to treat seizures. If a pregnant woman is exposed to this medication, she must file a claim.

It is important to choose an attorney who has experience in handling these kinds of cases. Find a law firm that specializes in this area, and works on an hourly basis, which means you don't have to pay any fees unless you are successful. Also, you should look for an attorney with excellent negotiation and communication abilities. This will help ensure that you make your claim in time before the time limit expires.

Prescription Drugs

A lot of birth defects can cause mental or physical disabilities that require costly medical treatment and accommodations for the child. Most often, these disorders are inherited, but a few of them can be caused by chemical or environmental exposure, or the medications the mother took during pregnancy.

Drug manufacturers are required to test their products properly and inform the public about any potential dangers. Sadly many pharmaceutical companies do not keep up with research or anticipate the potential adverse consequences. In addition, doctors can prescribe dangerous medicines to their patients as well as some women do not get proper information about the risks of taking certain medications during pregnancy. These drugs, also known as teratogens may cause birth defects, including spina-bifida that can occur in the fetus.

Other substances that can cause birth defects include chemicals employed in the production and agricultural industries, as well as heavy metals like mercury that are contaminating groundwater or air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations which expose women to harmful chemicals and other substances that damage their reproductive health and cause birth defects.

It is crucial to collect as many evidences as you can prior to filing a suit against the party responsible. Included in this are ultrasound images or blood tests, as well as medical bills incurred as a result. This information assists the attorney assess the worth of the case.

Product Liability

Pregnancy is one of the most thrilling and stressful times in a woman's life. It's also the time when medical professionals are prone to making mistakes that can lead to birth defects. An experienced attorney can help parents in filing a claim and obtaining the compensation they deserve against those responsible for the handicap of their child.

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

In addition, manufacturers and those who prescribe prescription drugs are required to inform consumers of the dangers. A majority of these drugs are marketed to women who are expecting without warnings of the possibility of birth defect. This is especially the case with antidepressants such as 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 to toxic chemicals in the home by parents, such as those used in semiconductor manufacturing or agricultural. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.

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