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Five Things Everybody Gets Wrong Concerning Birth Defect Legal

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Writer Krystyna Date24-04-18 09:12 Hit10

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Birth Defect Litigation

Parents want perfect children, but some injuries happen beyond their control. Families may be left with a large bill when injuries require expensive procedures and special treatment.

A New York birth defect attorney can help parents who are grieving and file an action to receive compensation for future expenses. However, the law has strict deadlines for the time a claim has to be filed.

Statute of Limitations

Modern medical technology and advancements in medical science have aided in reducing the risks associated with pregnancy, childbirth and birth. However birth defects and injuries still occur. If they're preventable families should consider their legal options.

Many birth defect lawsuits are based upon allegations of medical malpractice. These cases may involve errors made by nurses or doctors staff at any point during labor, birth and pregnancy. Medical professionals may also be negligent after the birth of a child in the event that they fail to provide appropriate treatment.

Generally speaking, the time-limit for these cases is 2.5 years from when the act was committed of medical negligence. For infants, this time is sometimes extended. It is essential to speak with an attorney whenever you can to ensure that all the evidence is collected, and that a timely complaint be filed.

A lawsuit may be filed on behalf of a child to claim birth defects caused by chemical and toxic exposures during the pregnancy. Specially trained birth defects lawyers can investigate these claims and prosecute them on behalf of the family.

Parents should take into consideration the following factors when choosing an attorney to represent their interests in a lawsuit filed for birth defect lawsuit defects or birth injuries:

Medical Malpractice

Birth defects can lead to a variety of mental and physical ailments. Some birth defect lawsuit defects can be fatal. Some of these problems are inherited, while others are caused by exposure to the environment or the use of prescription drugs during pregnancy.

Medical professionals or doctors could be accused of malpractice when they cause birth defects due to their actions or inaction. These cases usually are caused by medical negligence during delivery or labor. However, they could also be a result of any action or failure to act in excess of the medical standard of care, for instance, not diagnosing a medical condition or prescribing the wrong medication during pregnancy.

One instance of case involves a medication called teratogens. This medication 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 a pregnant woman is exposed to this drug, she should file an insurance claim.

It is important that you choose an attorney with previous experience in these cases. Find a firm that specializes in this field and operates on the basis of a contingent fee, which means you don't pay anything unless you are successful. Look for an attorney with excellent communication and negotiation skills. This will help ensure that your claim is filed before the time for birth defect lawsuit filing expires.

Prescription Drugs

Many birth defects lead to physical or mental disabilities, that require expensive medical treatment and accommodations for the child. These issues are often genetic, but they may also be caused by chemical or birth defect lawsuit environmental exposure or medication taken by the mother during pregnancy.

Pharmaceutical manufacturers are required to ensure that their products are tested properly and inform the public of any potential risks. Unfortunately some pharmaceutical companies do not keep up with the latest research or foresee potential side effects. Certain doctors prescribe dangerous medications to their patients, and some women are not aware of the dangers associated with using certain drugs during pregnancy. These drugs, referred to as teratogens, can cause birth defects, such as spina-bifida in the fetus.

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

If you decide to file lawsuits against the people that are accountable for your child's health it is essential to gather the most evidence you can. Included in this are ultrasound images, blood tests, and medical bills incurred due to. This information will help the attorney to determine the value of the case.

Product Liability

Pregnancy is among the most exciting, and anxiety-inducing experiences in the life of a woman. It's also the time when medical professionals are prone to making mistakes that can lead to birth defects. An experienced attorney can assist parents make a claim against those responsible for their child's disability and get the proper compensation they're entitled to.

Medical professionals aren't always able to determine the specific cause of birth defects, however most of them can be due to environmental or chemical exposure. This could include exposure of parents to toxic chemicals at work such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used for crop spraying and pesticides.

The manufacturers and the people who prescribe medications are also required to inform the public about the dangers of their products. However, a significant 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 that involve the occurrence of birth defects resulting from exposure of parents to toxic chemicals, including those used in semiconductor manufacturing as well as agriculture. He graduated of the American University in Washington, D.C. as well as Suffolk University Law School.