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Five Killer Quora Answers On Birth Defect Legal

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Alba 24-07-05 19:19 view68 Comment0

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Birth Defect Litigation

Parents want their children to be perfect However, some accidents happen outside of their control. If these injuries require special treatment and expensive procedures, it could leave families with huge expenses.

A New York birth defect lawyer can assist parents who are shocked to file an action and receive compensation to cover the cost of future expenses. The law has strict deadlines on when claims can be filed.

Statute of limitations

Modern medical technology and advances have aided in reducing the risks related to pregnancy, childbirth and birth. However, birth defects and injuries continue to occur. When they are preventable, families must consider their legal options.

Many birth defect lawsuits stem from allegations of medical malpractice. These cases can involve mistakes committed by nurses or doctors staff at any point during labor, pregnancy and birth. Medical professionals can also be negligent after the birth of a baby in the event that they fail to provide appropriate treatment.

Generally, the statute of limitations in these cases is 2.5 years from when the act was committed of medical negligence. The time frame may be extended for infants. It is essential to speak with a lawyer as soon as you can to ensure that all evidence is collected, and that a timely complaint can be filed.

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

When choosing an attorney for a birth injury or defect lawsuit parents should look for the following qualities:

Medical Malpractice

Birth defects can lead to an array of mental or physical issues. Some birth defect lawsuit defects can cause death. Some of these issues may be caused by genetics while others are caused by environmental exposures or prescription medications taken during pregnancy.

A doctor or medical professional could be accused of malpractice if they cause a birth defect through their actions or inaction. These cases typically involve medical negligence during the birth or labor process. 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 such type of case involves a medication known as teratogens, which could cause serious birth defects. During pregnancy, doctors typically advise women to not take this medication, which is utilized to treat seizures. If a woman who is pregnant is exposed to this medication, she must make a claim.

It is important to select an attorney who has experience in handling these types of cases. Choose a law firm that is specialized in this area, and works on a contingency basis, so you don't have to pay any fees unless you succeed. Also, search for an attorney who has strong communication and negotiation abilities. This will ensure that you make your claim in time before the statute of limitation expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities which require costly medical care and accommodations for the child. Most of the time, these issues are inherited, but a few can be caused by environmental or chemical exposure, or the medications the mother took while pregnant.

Drug manufacturers are required to test their products thoroughly and warn consumers about any potential risks. Sadly some pharmaceutical companies fail to keep up with the latest research or foresee potential side effects. Moreover, doctors may prescribe dangerous drugs to patients and some women do not have adequate information about the risks associated with taking certain medications during pregnancy. These drugs are referred to as teratogens and can cause birth defects in the fetus. This includes spina Bifida.

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

When filing a lawsuit against the parties accountable for your child's condition It is crucial to gather as much evidence as you can. This includes blood tests, ultrasound images and medical bills incurred due to the birth defect. This information helps the attorney to determine the value of the case.

Product Liability

Pregnancy can be one of the most exciting, yet anxiety-inducing experiences in the life of a woman. But it's also a period where many medical professionals make mistakes that could lead to birth defects. A top lawyer can help parents bring a lawsuit against those responsible for their child's disability and obtain the amount of compensation they deserve.

While the causes of birth defects are generally 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 at the workplace, for example solvents and glycol ethers used in semiconductor manufacturing, and agricultural chemicals used for pesticides as well as spraying on crops.

Additionally, the manufacturers and those who prescribe prescription drugs have a responsibility to inform patients of the risks. However, a lot of these drugs are offered off-label for women of childbearing age without warnings regarding 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. He focuses his practice on cases involving the occurrence birth defects due to exposure of parents to toxic chemicals, including the ones used in semiconductor manufacturing and agriculture. He graduated from the American University in Washington, D.C., and Suffolk University Law School.

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