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It's A Birth Defect Legal Success Story You'll Never Believe

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Analisa 24-07-02 08:01 view87 Comment0

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Birth Defect Litigation

Parents want perfect babies However, some injuries occur out of their control. Families are left with huge bills when these injuries require expensive procedures and special care.

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

Statute of limitations

Modern medical technology and advances have helped to reduce risks associated with pregnancy, childbirth and birth. However, birth defects and injuries can still occur. Families need to consider their legal options when they are preventable.

Many birth defect lawsuits stem from allegations of medical malpractice. These cases could involve mistakes committed by nurses or doctors at any point during the labor and delivery processes. Medical professionals may also be guilty of malpractice following the birth of a baby when they fail to provide the proper treatment.

In general, the statutes of limitations for these cases is 2.5 years from the date of the medical negligence. For infants, the time period may be extended. It is crucial to consult a lawyer whenever you can to ensure that all the evidence is gathered, and that a timely complaint can be filed.

In addition to medical malpractice, a lawsuit may also be filed on behalf of an infant 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 bring these cases on behalf of the family.

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

Medical Malpractice

Birth defects can cause various mental and physical issues. Some may even be fatal. Some of these issues are inherited, while others are caused by exposure to environmental factors or the use of prescription medications during pregnancy.

A doctor or medical professional may be accused of malpractice when they cause birth defects through their actions or inaction. These cases usually involve medical negligence during labor or delivery. However, they may also be a result of any action or failure to act that is not in the range of a medical standard of care, for instance, failing to diagnose a condition or prescribing the wrong medication during pregnancy.

One example of situation is a drug called teratogens. It can cause birth defects that are serious. In the course of pregnancy, doctors generally recommend women not to take this medication, which is utilized in the treatment of seizures. If a woman is exposed to the drug it is recommended that she file a claim.

It is crucial to select an attorney who has experience in handling these types of cases. Choose a law firm that has a specialization in this area and works on the basis of a contingent fee, which means there is no cost unless you get the case won. Also, you should look for a lawyer with strong negotiation and communication abilities. This will help to ensure that you submit your claim before the statute of limitation expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities that require expensive medical treatment and accommodations for the child. Often, these conditions are inherited, but a few can be caused by chemical or environmental exposure, or medications that the mother was taking during pregnancy.

Pharmaceutical manufacturers are required to ensure that their products are tested properly and warn the public of any potential dangers. Unfortunately some pharmaceutical companies do not keep up with the latest research or fail to anticipate possible adverse consequences. Additionally, doctors can prescribe dangerous medications to their patients as well as some women do not receive the correct information regarding the risks associated with taking certain drugs during pregnancy. These medications are referred to as teratogens. They can cause birth defects within the fetus. This includes spina Bifida.

Other substances that could cause birth defects are chemicals used in the manufacturing and agricultural industries, as well as heavy metals like mercury, which contaminate air or groundwater. Diane Paolicelli's legal career is focused on fighting powerful corporations who expose women to toxic chemicals and substances that could cause harm to their reproductive health and cause birth defects.

It is crucial to gather as all evidence you can prior to filing a suit against the parties responsible. This includes blood tests, ultrasound images, and medical bills incurred due to the birth defect. This information will help attorneys determine the worth of the case.

Product Liability

Pregnancy is one of the most exciting and nerve-wracking times in a woman's life. It's also the time that medical professionals make mistakes that result in birth defects. A top lawyer can help parents bring a lawsuit against those who are responsible for their child's disabilities and receive the proper compensation they're entitled to.

While the causes of birth defects are often unknown to medical professionals, a significant number are linked to exposure to chemicals or environmental causes. This may include contact by parents with toxic chemicals in the workplace, such as glycol ethers and solvents used in semiconductor manufacturing, as well as agricultural chemicals used for pesticides as well as spraying of crops.

In addition, manufacturers and those who prescribe prescription medications have a responsibility to warn people of their risks. Yet, a substantial portion of these drugs are offered off-label for women of childbearing age, without warnings about the risk of birth defects. This is particularly applicable to antidepressants such Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. His practice focuses on cases involving the occurrence birth defects caused by exposure of parents to toxic chemicals such as those used in semiconductor manufacturing as well as agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.

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