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Birth Defect Litigation

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

A New York birth defect attorney can assist parents grieving and file an action to receive compensation for future expenses. The law has strict time limitations on when a claim can be filed.

Statute of limitations


Modern technology and medical advances have aided in reducing the risks associated with pregnancy, childbirth and birth. Birth defects and injuries continue to occur. If they're preventable, families need to explore their legal options.

Many birth defect lawsuits are made on the basis of allegations of medical malpractice that occurred. These cases could involve mistakes made by doctors or nurses at any point during the labor and birth processes. 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 statute of limitation for these cases are 2.5 years from the date of the medical malpractice. The time limit can be extended for infants. It is nevertheless important to seek legal counsel as soon as you can to ensure that all evidence is obtained and that a timely claim can be filed.

In addition to medical malpractice, a lawsuit can also be brought on behalf of an infant for birth defects caused by improper toxic and chemical exposures that occur during the mother's pregnancy. Specially trained birth defect lawyers can investigate and pursue these claims on behalf of the family.

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

Medical Malpractice

Birth defects can cause a variety of mental and physical issues. Some of them can be fatal. Some of these problems may be genetic, while others are caused by environmental exposures or prescription medications used during pregnancy.

A medical professional or doctor may be accused of negligence if they cause a birth defect through their actions or inaction. Most cases involve medical negligence during the birth or labor process. However, they could also be a result of any action or failure to act that falls short of a medical standard of care, for instance, failing to recognize a medical issue or prescribing the wrong medication during pregnancy.

One such case involves the teratogens. These drugs can result in serious birth defects. During pregnancy, doctors usually advise women to stay clear of this medication, which is commonly used to treat seizures. If a woman who is pregnant is exposed to this drug, she should file an insurance claim.

It is important that you choose an attorney who has prior experience in these types of cases. You should look for a firm that has expertise in this area and is on contingency, which means you won't be charged nothing until you win. Also, you should look for a lawyer with strong negotiation and communication abilities. This will ensure that your claim is filed before the time for filing expires.

Prescription Drugs

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

Drug makers are required to test their products correctly and inform the public of any potential dangers. Unfortunately some pharmaceutical companies are not keeping up to date with the latest research or fail to anticipate possible side consequences. Some doctors recommend dangerous drugs to their patients, and some women aren't aware of the risks associated with taking certain drugs while pregnant. These drugs are known as teratogens. They could cause birth defects in the fetus, such as spina Bifida.

Other substances that can cause birth defects include chemicals used in manufacturing and agriculture as well as heavy metals, like mercury, which are contaminating the air or groundwater. Diane Paolicelli's legal career has been focused on fighting powerful corporations who expose women to toxic chemicals and substances that could affect their reproductive health or cause birth defects.

It is crucial to collect as much evidence as you can before filing a suit against the parties accountable. This includes ultrasound images, blood tests, and medical bills that arose due to the birth defect. This assists the attorney in determining the financial value of the case.

Product Liability

Pregnancy can be one of the most exciting, and nerve-wracking experiences in women's lives. It's also the time that many medical professionals can make mistakes that can lead to birth defects. An experienced attorney can help parents file a claim against those who are responsible for their child's disabilities and receive the proper compensation they're entitled to.

Although the causes of birth defects are generally unknown to medical professionals however, many of them can be attributed with exposure to chemicals or the environment. birth defect lawsuit oxnard can include parental contact with toxic chemicals in the workplace, like glycol ethers and solvents used in semiconductor manufacturing and agricultural chemicals used for pesticides and spraying on crops.

Manufacturers and those who prescribe medicines are also required to inform the public about their risks. A large portion of these drugs is marketed to pregnant women without warnings about the possibility of birth defect. This is particularly relevant for antidepressants like Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. He focuses his practice on cases where birth defects are caused by exposure of parents to toxic chemicals like those employed in semiconductor manufacturing or farming. He is a graduate of the American University in Washington, D.C., and Suffolk University Law School.

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