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Five Killer Quora Answers To Birth Defect Legal

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Connie McEvoy 24-08-03 15:44 view23 Comment0

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Birth Defect Litigation

Some injuries are out of the parents' control. When these injuries require special medical attention and expensive procedures, it can leave families with huge expenses.

A New York birth defect lawyer can assist parents who are stunned to file a claim and get compensation to cover future costs. However, the law puts strict deadlines on when a claim needs to be filed.

Statute of Limitations

Modern medical technology and advancements in medical science have aided in reducing the risks associated with childbirth, pregnancy and birth. Birth defects and injuries still occur. If they're preventable families must explore their legal options.

Many birth defect suits are made on the basis of claims of medical malpractice. These lawsuits can be based on mistakes made by nurses or doctors at any point during the labor and delivery procedures. In addition medical professionals may be guilty of medical malpractice following the birth of a baby when they fail to provide the proper treatment.

In general the statute of limitation for these cases are 2.5 years after the date of the medical malpractice. For infants, this is sometimes extended. But, it is crucial to seek legal advice early enough to ensure that all evidence is gathered and that a timely claim be filed.

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

Parents should take into consideration the following aspects when choosing an attorney to represent them in a lawsuit for birth injury or defect:

Medical Malpractice

Birth defects can lead to various physical and mental problems. Certain birth defects can cause death. Some of these problems are inherited, while others are caused by exposure to environmental factors or the usage of prescription drugs during pregnancy.

Medical professionals or doctors could be accused of malpractice when they cause birth defects by their actions or inaction. The most common cases involve medical negligence during labor or delivery. They can also be a result of any act of failure to be in compliance with a standard of medical treatment, for instance failing to recognize an illness or prescribing incorrect medication during pregnancy.

One example of this type of case involves a medication called teratogens. This medication can cause birth defects that are serious. Doctors typically advise women to take this medication during pregnancy. It is used to treat seizures. If an individual is exposed to the drug, then she must file an action.

It is crucial to choose an attorney who has previous experience in these cases. Choose a law firm that specializes in this area, and works on the basis of a contingent fee, which means you don't have to pay any fees unless you are successful. Additionally, you should choose a lawyer with strong negotiation and communication abilities. This can help ensure that your claim is filed before the time limit expires.

Prescription Drugs

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

Drug manufacturers are required to test their products thoroughly and warn the public of any potential dangers. Sadly certain pharmaceutical companies fail to keep up with research or foresee potential side consequences. In addition, doctors can prescribe dangerous drugs to patients as well as some women do not receive adequate information on the dangers of taking certain medications during pregnancy. These drugs are known as teratogens and can cause birth defects within the fetus including spina Bifida.

Other substances that may cause birth defects include chemicals used in manufacturing and agriculture in addition to heavy metals such as mercury that are contaminating groundwater or the air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women to toxic chemicals and substances that damage their reproductive health and lead to birth defects.

It is essential to gather as the evidence you can prior to filing a suit against the parties responsible. Included in this are any ultrasound images and blood tests as well as medical bills that are incurred as a result. This helps the attorney establish the monetary worth of the case.

Product Liability

Pregnancy is among the most thrilling and stressful experiences a woman can go through in her life. But it's also a period where medical professionals often make mistakes that can lead to birth defects. A reputable attorney can assist parents in filing claims and getting the money they deserve from those responsible for the handicap of their child.

Medical experts aren't always able determine the specific cause of birth defects, however the majority of them can be attributable to environmental or chemical exposure. This could include exposure of parents to toxic chemicals in the workplace such as glycol ethers and solvents in semiconductor manufacturing, as well as agricultural chemicals used for crop spraying and pesticides.

The pharmaceutical companies and those who prescribe medications also have a duty to warn the public about the dangers of their products. A significant portion of these drugs are marketed to women who are pregnant, without warnings of the potential for birth defects. This is particularly true for antidepressants such as Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. He concentrates his practice on cases involving the development of birth defects caused by exposure of parents to toxic chemicals, including the ones used 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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