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The Biggest Problem With Birth Defect Legal, And How You Can Fix It

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Writer Julius Date24-04-03 11:34 Hit23

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Birth Defect Litigation

Some injuries are beyond the parents in their control. If injuries that result from these accidents require special treatment and costly procedures, it could cause families to be faced with massive costs.

A New York birth defect attorney can assist parents in shock file a claim to get compensation for future expenses. The law has strict time limitations on when claims can be filed.

Statute of Limitations

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

Many birth defect lawsuits are founded on allegations of medical malpractice. These cases can involve errors made by nurses or doctors at any point during the birth, labor birth defect lawsuits and delivery procedures. Additionally medical professionals may be guilty of medical malpractice after the birth of a baby when they fail to provide the proper treatment.

In general, the statutes of limitations in these cases is 2.5 years after the date of the medical negligence. This time period can be 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 may also be filed on behalf of a baby for birth defects caused by wrongful exposure to chemicals and toxic substances that occur during the mother's pregnancy. Lawyers specially trained in birth defect lawsuit defects can investigate and defend these claims on behalf of the family.

Parents should take into consideration the following factors when choosing an attorney to represent them in a suit for birth defect or injury:

Medical Malpractice

Birth defects can cause various mental and physical issues. Some of them may even be fatal. Certain of these problems could be genetic while others are triggered by environmental exposures or prescription medications taken during pregnancy.

A doctor or medical professional could be accused of malpractice when they cause birth defects due to their actions or inaction. These cases are usually caused by medical negligence during delivery or labor. However, they can include any act or inability 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 instance of case involves a medication called teratogens. It can cause serious birth defects. Doctors typically advise women not to take this medication during pregnancy. It is used to treat seizures. If a pregnant woman is exposed to this medication, she must submit a claim.

It is important that you select an attorney who has prior experience in these types of cases. You should look for a firm with extensive experience in this field. It also is on contingency, which means you won't have to pay any fees until you win. Also, search for a lawyer who has excellent communication and negotiation abilities. This will ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities, which require expensive medical care and accommodations for the child. These problems are usually genetic, but can also be caused by chemical or environmental exposure or the use of medications by the mother during pregnancy.

Drug manufacturers have an obligation to test their products thoroughly and warn consumers about any potential risks. Unfortunately many pharmaceutical companies fail to keep up with the latest research or anticipate potential side effects. Moreover, doctors may prescribe dangerous medications to their patients as well as some women do not get proper information about the dangers of taking certain medications during pregnancy. These drugs are referred to as teratogens, and they can cause birth defects in the fetus, including spina Bifida.

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

It is crucial to collect as many evidences as you can prior to making a claim against the parties responsible. This includes ultrasound scans, blood tests, and medical bills that came up because of the birth defect. This allows the attorney to determine the financial value of the case.

Product Liability

Pregnancy is one of the most thrilling and stressful moments in a woman's life. It's also a time where many medical professionals make mistakes that could lead to birth defects. An experienced attorney can assist parents make a claim against those responsible for their child's disability and obtain the amount of compensation they deserve.

Although the causes of birth defects are typically unknown to medical experts but a large proportion of birth defects can be attributed with exposure to chemicals or the environment. This could include contact from parents with toxic chemicals in the workplace, for example solvents and glycol ethers used in semiconductor manufacturing, as well as agricultural chemicals used for pesticides and spraying of crops.

Furthermore, Birth Defect Lawsuits manufacturers and the people who prescribe prescription medications must inform consumers of the dangers. Yet, a substantial portion of these drugs are sold off-label for women of childbearing age without adequate warnings about the possibility 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 pharmaceutical and chemical companies. He concentrates his practice on cases involving the development of birth defects due to exposure of parents to toxic chemicals, which includes those used in semiconductor manufacturing and agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.