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What's Holding Back In The Birth Defect Legal Industry?

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Kaylee 24-07-06 15:25 view126 Comment0

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Birth Defect Litigation

Some injuries are out of the parents' control. If injuries that result from these accidents require special treatment and expensive procedures, it could leave families with huge expenses.

A New York birth defect attorney can assist parents in shock file an action to receive compensation for future expenses. However, the law has strict deadlines the time a claim has to be filed.

Statute of Limitations

Modern technology and medical advances have reduced the risks associated with pregnancy, childbirth and birth. Birth defects and injuries persist. When they are preventable, families must consider their legal options.

Many birth defect lawsuits stem from allegations of medical malpractice. These cases may involve mistakes committed by nurses or doctors at any time during the labor and birth processes. Medical professionals can also be negligent after 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 error. This time period can be extended to infants. But, it is crucial to seek legal advice as soon as possible to ensure that all evidence is obtained and that a timely claim be filed.

In addition to medical malpractice, a lawsuit can also be brought on behalf of an infant for birth defects that result from wrongful exposure to chemicals and toxic substances that take place during the mother's pregnancy. Specially trained birth defect lawyers can look into these claims and pursue them on behalf of the family.

Parents should consider the following factors when choosing an attorney to represent them in a lawsuit involving birth defects or injuries:

Medical Malpractice

birth defect attorneys defects can lead to a variety of physical and mental problems. Certain birth defects can cause death. Some of these problems may be genetic while others are caused by environmental exposures or prescription medications taken during pregnancy.

A medical professional or doctor could be accused of malpractice when they cause birth defects due to their actions or inaction. These cases usually involve medical negligence during labor or delivery. However, they can include any act or failure to act that falls short of a medical standard of care, like not diagnosing a medical condition or prescribing the wrong medication during pregnancy.

One of these cases involves teratogens. These medications can cause birth defects that are serious. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If women are exposed to the drug, it is recommended that she file an insurance claim.

It is important that you select an attorney who has prior experience in these types of cases. You should choose a firm with extensive experience in this field. It also is on contingency, which means you don't have to pay anything until you win. Also, look for an attorney with excellent communication and negotiation abilities. This will ensure that you make your claim in time before the time limit expires.

Prescription Drugs

A variety of birth defects cause mental or physical disabilities that require expensive medical treatment and accommodations for the child. These conditions are often caused by genetics, but can also be caused by chemical or environmental exposure or medication taken by the mother during pregnancy.

Drug manufacturers are required to test their products thoroughly and warn consumers about any risks. Sadly some pharmaceutical companies fail to keep up with the latest research or anticipate the potential adverse effects. Additionally, doctors can prescribe dangerous drugs to their patients and some women do not have adequate information about the dangers of taking certain medications during pregnancy. These drugs, referred to as teratogens, may cause birth defects such as spina-bifida, in the fetus.

Other substances that can cause birth defects are the chemicals used in the manufacturing and agricultural industries, and heavy metals such as mercury that contaminate air or groundwater. Diane Paolicelli's legal profession has been focused on fighting powerful corporations that expose women to toxic substances and chemicals that can damage their reproductive health or lead to birth defects.

If you decide to file a lawsuit against the parties accountable for your child's condition it is crucial to gather the most evidence you can. This includes any ultrasound images, blood tests and medical bills that came up due to the birth defect. This information helps the attorney determine the value of the case.

Product Liability

Pregnancy can be one of the most exciting, and anxious experiences of women's lives. It's also the time when many medical professionals can make mistakes that cause birth defects. An experienced attorney can help parents to file a claim against the medical professionals who are responsible for their child's disabilities and receive the compensation they deserve.

Although the causes of birth defects are generally unknown to medical professionals however, many of them are linked to environmental or chemical exposure. This may include contact by parents with toxic chemicals in the workplace, such as solvents and glycol ethers used in semiconductor manufacturing and agricultural chemicals used for pesticides and spraying of crops.

The manufacturers and the people who prescribe medicines 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 about the risk of birth defects. This is particularly the case with antidepressants such as Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. His practice focuses on cases involving the occurrence birth defects that result from parental exposure to toxic chemicals, including those 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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