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20 Fun Facts About Birth Defect Legal

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Helaine 24-08-05 23:05 view29 Comment0

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Birth Defect Litigation

Parents want perfect babies However, some accidents happen outside their control. Families are left with huge debts when these injuries require expensive procedures and special treatment.

A New York birth defect lawyer can assist parents in filing an appeal and obtain compensation to cover future costs. The law has strict deadlines on when claims can be filed.

Statute of limitations

Modern technology and medical advancements have helped to reduce the risks associated with pregnancy and childbirth. However, birth defects and injuries do occur. Families need to explore their legal options when they can be prevented.

Many birth defect suits are stemming from allegations of medical malpractice that occurred. These cases could involve mistakes committed by nurses or doctors at any time during pregnancy, labor and delivery procedures. Medical professionals may also be negligent after the birth of a child by failing to provide the correct treatment.

Generally speaking, the time limit for these cases is 2.5 years from when the act was committed of medical malpractice. This time frame can be extended for infants. It is important to consult a lawyer immediately to ensure that all the evidence is gathered and that a timely complaint can be filed.

In addition to medical malpractice, a lawsuit can also be brought on behalf of a baby for birth defects caused by improper toxic and chemical exposures that occur during a mother's pregnancy. Lawyers specially trained in birth defects can investigate and defend these claims on behalf of the family.

Parents should consider the following aspects when choosing an attorney to represent their interests in a lawsuit filed for birth defects or birth injuries:

Medical Malpractice

Birth defects can result in an array of mental or physical problems. Some birth defects can cause death. Some of these issues are caused by genetics, while others are due to exposure to the environment or the use of prescription drugs during pregnancy.

A doctor or medical professional could be accused of misconduct when they cause birth defects through their actions or inaction. These cases usually are based on medical negligence during labor or delivery. They can also include any act of failure to perform a task that is not within the standard of medical care, like, failing to diagnose an illness or prescribing incorrect medication during pregnancy.

One instance of situation involves a drug called teratogens. This medication can cause serious birth defects. When pregnant, doctors usually advise women to stay clear of this medication, which is used in the treatment of seizures. If the woman is exposed to the drug she must make a claim.

It is crucial to select an attorney who is experienced in handling these types of cases. Find a firm that is specialized in this area and works on an on a contingency basis, meaning there is no cost unless you get the case won. Look for an attorney who has great negotiation and communication skills. This will help to ensure that you make your claim in time before the statute of limitation expires.

Prescription Drugs

Many birth defects result in physical or mental disabilities, which require expensive medical care and accommodations for the child. These conditions are often genetic, but can 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 about the potential dangers. Sadly many pharmaceutical companies fail to keep up with the latest research or foresee potential side consequences. Furthermore, doctors may prescribe dangerous drugs to patients as well as some women do not receive adequate information on the risks of taking certain drugs during pregnancy. These medications are referred to as teratogens, and they can cause birth defects in the fetus, including spina bifida.

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

If you decide to file lawsuits against the people responsible for your child's condition it is essential to gather the most evidence you can. This includes ultrasound scans, blood tests and medical bills that came up as a result of the birth defect. This allows the attorney to determine the monetary worth of the case.

Product Liability

Pregnancy can be one of the most exciting, but stressful experiences in women's lives. But it's also a period when medical professionals can make mistakes that can lead to birth defects. An experienced attorney can help parents make a claim against those accountable for their child's handicap and acquire the compensation they deserve.

Although the causes of birth defects are usually not understood by medical professionals but a large proportion of birth defects can be attributed with exposure to chemicals or the environment. This may include contact by parents with toxic chemicals in the workplace, for example glycol ethers and solvents that are used in semiconductor manufacturing, and agricultural chemicals used for pesticides as well as crop spraying.

The manufacturers and the people who prescribe medicines are also required to inform the public about the dangers of their products. However, a lot of these medications are sold off-label to women who are pregnant age without proper warnings about the potential for birth defects. This is especially applicable to 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 focuses his practice on cases involving the occurrence of birth defects that result from parental exposure to toxic chemicals, such as the ones used in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.

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