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5 Killer Quora Answers To Birth Defect Legal

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Birth Defect Litigation

Parents want perfect children However, some injuries occur outside their control. Families could be faced with a huge bill when injuries require costly procedures and specialized care.

A New York birth defect lawyer can help stunned parents file claims and receive compensation to cover future costs. The law has strict time limitations on when claims can be filed.

Statute of Limitations

Modern medical technology and advancements in medical science have made it possible to reduce the risks that are associated with childbirth, pregnancy and birth. However birth defects and injuries do occur. If they can be prevented, families must explore their legal options.

Many birth defect lawsuits are based on allegations of medical malpractice. These cases can involve mistakes made by nurses or doctors staff at any time during labor, pregnancy and birth. Additionally medical professionals may be guilty of medical malpractice following the birth of a child if they fail to provide proper treatment.

In general, the statutes of limitation for these cases is 2.5 years after the date of the medical error. This time frame can be extended to infants. It is nevertheless important to seek legal advice immediately to ensure that all evidence is obtained and that a timely claim be filed.

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

Parents should be aware of the following factors when choosing an attorney to represent them in a lawsuit involving birth injury or defect:

Medical Malpractice

Birth defects can lead to an array of physical or mental problems. Some birth defects can be fatal. Some of these issues could be caused by genetics and others may be caused by exposure to the environment or prescription medications taken during pregnancy.

A medical professional or doctor could be accused of misconduct if they cause a birth defect through their actions or inaction. The most common cases involve medical negligence during the birth or labor process. However, they can include any act or failure to act that is in violation of a medical standard of care, for instance, not diagnosing a medical condition or prescribing the wrong medication during pregnancy.

One instance of case involves a medication known as teratogens, which could cause serious birth defects. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If an individual is exposed to the drug she must submit an action.

It is crucial to select an attorney with experience handling these types of cases. You should choose an attorney who has expertise in this area and operates on contingency basis, which means you won't have to pay any fees until you win. Also, look for an attorney who has strong negotiation and communication abilities. This will ensure that your claim is filed before the time for filing expires.

Prescription Drugs

Many birth defects result in physical or mental disabilities, that require costly medical treatment and accommodations for the child. The majority of these problems are inherited, but a few of them may be caused by environmental or chemical exposure, or by medications the mother consumed during pregnancy.

Drug makers are required to ensure that their products are tested properly and inform the public of any risks that could be present. Unfortunately, some pharmaceutical companies fail to keep up with the latest research or anticipate the potential adverse consequences. Some doctors prescribe dangerous drugs to their patients and some women are not aware of the risks of taking certain drugs while pregnant. These drugs are known as teratogens and can cause birth defects in the fetus including spina bifida.

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

It is essential to gather as all evidence you can prior to filing a lawsuit against the parties accountable. This includes ultrasound scans, blood tests, and medical bills that arise because of the birth defect. This information will help attorneys determine the worth of the case.

Product Liability

Pregnancy is among the most exciting and anxiety-inducing experiences in a woman's lifetime. It's also a time where many medical professionals make mistakes that can cause birth defects. An experienced attorney can assist parents file a claim against those responsible for their child's condition and acquire the amount of compensation they deserve.

Although the causes of birth defects are often unknown to medical professionals but a large proportion of birth defects can be attributed with exposure to chemicals or the environment. This 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 of crops.

The manufacturers and the people who prescribe medications are also required to inform people about the dangers. However, a lot of these drugs are offered off-label to women of childbearing age, without warnings about the risk of birth defects. This is especially 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 is centered around cases involving the occurrence of birth defects resulting from exposure of parents to toxic chemicals, which includes those used in semiconductor manufacturing as well as agriculture. He graduated of the American University in Washington, D.C. and Suffolk University Law School.

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