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5 Killer Quora Answers To Birth Defect Legal

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Sylvester 24-07-11 08:59 view81 Comment0

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Birth Defect Litigation

Some injuries are out of the parents' control. Families could be faced with a huge bill when injuries require expensive procedures and specialized care.

A New York birth defect lawyer can assist parents who are stunned to file a claim and get compensation to pay for future expenses. The law has strict deadlines on when a claim may be filed.

Statute of Limitations

Modern technology and medical advancements have reduced the risks related to pregnancy, childbirth and birth. However, birth defects and injuries can still occur. When they are preventable, families must explore their legal options.

Many birth defect lawsuits stem from allegations of medical malpractice. These cases may involve errors made by doctors or nursing staff at any point during the birth process, including labor and pregnancy. Additionally medical professionals may be guilty of medical malpractice after the birth of a child by failing to provide proper care.

Generally speaking, the statute of limitations in these cases is 2.5 years from the date of the act of medical negligence. The time frame is extended for infants. However, it is important to seek legal advice early enough to ensure that all evidence is collected 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 resulting from improper toxic and chemical exposures that take place during the mother's pregnancy. Specially trained birth defect lawyers can investigate and defend these claims on behalf of the family.

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

Medical Malpractice

Birth defects can result in many physical or mental problems. Some birth defects can be fatal. Some of these problems are inherited, whereas others are caused by exposure to environmental factors or the use of prescription medications during pregnancy.

A medical professional or doctor could be accused of malpractice when they cause a birth defect through their actions or inaction. These cases typically involve medical negligence during the birth or labor process. However, they can be a result of any action or failure to act that is not in the range of the medical standard of care, such as not diagnosing a medical condition or prescribing the wrong medication during pregnancy.

One instance of situation involves a drug called teratogens. This medication can cause serious birth defects. During pregnancy, doctors typically advise women to avoid taking this medication, which is commonly used in the treatment of seizures. If women are exposed to the drug it is recommended that she file an insurance claim.

It is important to select an attorney who has experience in handling these types of cases. You should look for a firm with experience in this field and is on contingency, which means you won't be charged nothing until you win. Look for an attorney with outstanding negotiation and communication skills. This will help ensure that your claim is filed before the time limit expires.

Prescription Drugs

Many birth defects result in physical or mental disabilities, which require expensive medical care and accommodations for the child. The majority of these problems are genetically inherited, but some of them can be caused by environmental or chemical exposure, or medications that the mother was taking during pregnancy.

Pharmaceutical manufacturers are required to test their products thoroughly and inform the public about the potential dangers. Sadly many pharmaceutical companies do not keep up with research or anticipate potential side consequences. Some doctors recommend dangerous drugs to their patients. Some women are not informed about the dangers associated with taking certain medications during pregnancy. These medications are referred to as teratogens. They can cause birth defects in the fetus including spina Bifida.

Other substances that can cause birth defects are chemicals used in the manufacturing and agricultural industries, as well as heavy metals such as 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 could affect their reproductive health and lead to birth defects.

It is crucial to collect as the evidence you can before filing a suit against the parties accountable. This includes any ultrasound scans, blood tests, and medical bills that arose as a result of the birth defect. This information helps the attorney determine the worth of the case.

Product Liability

Pregnancy is one of the most exciting and nerve-wracking times in a woman's life. But it's also a period where many medical professionals make mistakes that can lead to birth defects. A top lawyer can help parents file a claim against those who are responsible for their child's disabilities and receive the justice they deserve.

While the causes of birth defects are usually not understood by medical professionals but a large proportion of birth defects are linked to exposure to chemicals or environmental causes. This may include contact by parents with toxic chemicals at the workplace, such as glycol ethers and solvents used in semiconductor manufacturing and chemical pesticides used in agriculture and spraying crops.

Furthermore, manufacturers and the people who prescribe prescription medications have a responsibility to inform patients of the risks. Yet, a large percentage of these drugs are offered off-label to women of childbearing age, without warnings about the risk of birth defects. This is especially relevant for antidepressants like 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 occurrence birth defects due to exposure of parents to toxic chemicals, which includes those used in semiconductor manufacturing as well as agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.

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