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14 Common Misconceptions Concerning Birth Defect Legal

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Nikole Reynoso 24-06-20 07:27 view271 Comment0

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Birth Defect Litigation

Parents want perfect babies, but some injuries happen outside of their control. When injuries require specialized care and costly procedures, it could cause families to be faced with massive costs.

A New York birth defect attorney can help parents who are shocked to file claims to obtain compensation for future expenses. The law has strict deadlines on when claims can be filed.

Statute of limitations

Modern technology and medical advances have helped to reduce the risks of childbirth and pregnancy. However, birth defects and injuries still occur. Families should consider their legal options if they are preventable.

Many birth defect lawsuits are based upon allegations of medical malpractice. These cases may involve mistakes committed by nurses or doctors at any time during the labor and birth processes. In addition medical professionals may be guilty of medical malpractice following the birth of a child when they fail to provide proper treatment.

Generally speaking, the time-limit for these cases is 2.5 years from the date of the act of medical negligence. This time frame may be extended for infants. It is important to consult an attorney early enough to ensure that all the evidence is gathered and that a timely complaint be filed.

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

Parents should be aware of the following aspects when choosing an attorney to represent their interests in a lawsuit filed for birth defect or injury:

Medical Malpractice

Birth defects can lead to various mental and physical problems. Some may even be fatal. Some of these problems are caused by genetics, while others are caused by exposure to environmental factors or the usage of prescribed drugs during pregnancy.

A doctor or medical professional could be convicted of malpractice when they cause a birth defect through their actions or inaction. Most cases involve medical negligence during the birth or labor process. However, they can also comprise any act or failure to act that is in violation of a medical standard of care, such as failing to diagnose a condition or prescribing the wrong medication during pregnancy.

One example of this type of case is a medication called teratogens. It can cause serious birth defects. During pregnancy, doctors typically advise women to stay clear of this medication, which is commonly used to treat seizures. If women are exposed to the drug, it is recommended that she submit an action.

It is crucial to select an attorney who is experienced in handling these kinds of cases. Find a law firm that specializes in this area and operates on an on a contingency basis, meaning you don't have to pay any fees unless you succeed. Look for an attorney who has excellent communication and negotiation skills. This will help ensure that your claim is filed before the time for filing expires.

Prescription Drugs

Many birth defect law firm defects lead to physical or mental disabilities, that require costly medical treatment and accommodations for the child. The majority of these problems are genetically inherited, but some of them can be caused by environmental or chemical exposure or medication that the mother consumed during pregnancy.

Drug manufacturers have an obligation to adequately test their products and inform consumers of any risks. Unfortunately some pharmaceutical companies fail to keep up-to-date with current research or fail to anticipate possible side consequences. Furthermore, doctors may prescribe dangerous drugs to their patients and some women do not receive the correct information regarding the risks associated with taking certain medications during pregnancy. These drugs are referred to as teratogens and can cause birth defects in the fetus, including spina Bifida.

Other substances that may cause birth defects include chemicals employed in the production and agricultural industries, as well as heavy metals such as mercury that are contaminating air or groundwater. Diane Paolicelli's legal career has been focused on fighting powerful corporations that expose women to toxic chemicals and substances that could harm their reproductive health or cause birth defects.

If you are filing an action against the parties accountable for your child's condition it is essential to gather as much evidence as possible. This includes any ultrasound scans, blood tests and medical bills that came up as a result of the birth defect. This helps the attorney establish the monetary value of the case.

Product Liability

Pregnancy is among the most exciting and anxious experiences of women's lives. But it's also a time where medical professionals often make mistakes that can lead to birth defects. An experienced attorney can help parents in submitting claims and getting the compensation they deserve from those responsible for the handicap of their child.

Medical experts aren't always able to pinpoint the exact cause of birth defects, but many of them can be attributed to chemical or environmental exposure. This could be due to contact by parents with toxic chemicals at the workplace, like glycolethers and solvents utilized in semiconductor manufacturing as well as agricultural chemicals used for pesticides as well as crop spraying.

Additionally, the manufacturers and the people who prescribe prescription medications are required to inform people about the risks. Yet, a large percentage of these drugs are sold off-label to women who are pregnant age without proper 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 chemical and pharmaceutical companies. His practice focuses on cases involving the development of birth defects due to parental exposure to toxic chemicals, which includes those in semiconductor manufacturing and agriculture. He is a graduate of the American University in Washington, D.C., and Suffolk University Law School.

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