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10 Myths Your Boss Is Spreading Regarding Birth Defect Legal

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Birth Defect Litigation

Some injuries are out of the parents of their control. Families may be left with a huge bill when injuries require costly procedures and specialized care.

A New York birth defect lawyer can help stunned parents file an appeal and obtain compensation to cover future expenses. However, the law places strict deadlines when a claim needs to be filed.

Statute of limitations

Modern technology and medical advances have helped to reduce the risks that come with childbirth and pregnancy. Birth defects and injuries do persist. Families must consider their legal options when they are preventable.

Many birth defect lawsuits are based upon allegations of medical malpractice. These cases can involve mistakes committed by nurses or doctors personnel at any stage of labor, pregnancy and birth. Medical professionals may also commit malpractice after the birth of a child by failing to provide the correct treatment.

Generally speaking, the statute of limitations in these cases is generally 2.5 years from the date of the act of medical malpractice. For infants, this period may be extended. It is nevertheless important to seek legal counsel immediately to ensure that all evidence is obtained and that a timely claim be filed.

In addition to medical malpractice, a suit could also be filed on behalf of a baby for birth defects caused by improper exposure to chemicals and toxic substances that occur during a mother's pregnancy. Specially trained birth defect lawyers can investigate and prosecute these claims on behalf of the family.

Parents should consider the following characteristics when choosing an attorney to represent them in a suit for birth injury or defect:

Medical Malpractice

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

Medical professionals or doctors can be accused of negligence when they cause birth defects due to their actions or inaction. These cases usually are based on medical negligence during labor or delivery. However, they may also comprise any act or failure to act in excess of the medical standard of care, such as failing to diagnose a condition or prescribing the wrong medication during pregnancy.

One example of situation involves a drug called teratogens. This medication can cause serious birth defects. Doctors generally 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 submit a claim.

It is essential to select an attorney who has prior experience in these types of cases. Find a law firm that is specialized in this field and operates on the basis of a contingent fee, which means you don't have to pay any fees unless you get the case won. Additionally, you should choose a lawyer who has excellent communication and negotiation skills. This will ensure that you submit your claim before the statute of limitation expires.

Prescription Drugs

A variety of birth defects cause mental or physical disabilities that require costly medical treatment and accommodations for the child. Often, these conditions are inherited, but a few of them are caused by environmental or chemical exposure, or by medications the mother was taking during pregnancy.

Drug manufacturers are required to ensure that their products are tested properly and inform the public about any risks that could be present. Sadly, some pharmaceutical companies do not keep up with the latest research or anticipate possible side effects. Some doctors recommend dangerous drugs to their patients, and some women aren't aware of the dangers associated with using certain drugs during pregnancy. These medications are referred to as teratogens and can cause birth defects in the fetus, such as spina Bifida.

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

It is crucial to collect as the evidence you can before filing a lawsuit against the party responsible. This includes any ultrasound images, blood tests and medical bills that came up because of the birth defect. This allows the attorney to determine the value of the case.

Product Liability

Pregnancy is one of the most exciting and nerve-wracking times in a woman's life. But it's also a time where many medical professionals make mistakes that could lead to birth defects. An experienced attorney can help parents in filing an action and obtaining the compensation they deserve against those responsible for the disability of their child.

While the causes of birth defect lawsuit defects are usually unknown to medical professionals, a significant number are linked to exposure to chemicals or environmental factors. This can include parental exposure to toxic chemicals in the workplace such as glycol ethers and solvents in semiconductor manufacturing, as well as agricultural chemicals used in crop spraying and pesticides.

The manufacturers and the people who prescribe medicines are also required to inform the public about the dangers of their products. Yet, a substantial portion of these drugs are offered off-label for women of childbearing age without proper warnings about the risk of birth defects. This is especially true for antidepressants such as Prozac and Zoloft.

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

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