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The Ultimate Guide To Birth Defect Legal
Birth Defect Litigation
Parents want perfect children However, some injuries occur outside their control. Families could be faced with a huge bill when injuries require expensive procedures and special treatment.
A New York birth defect lawyer can help stunned parents file an appeal and obtain compensation to cover future costs. The law has strict time limitations on when a claim can be filed.
Statute of limitations
Modern technology and medical advances have helped reduce the risks associated with pregnancy and childbirth. birth defect law firms defects and injuries do remain a possibility. If they can be prevented, families must explore their legal options.
Many birth defect lawsuits are founded on allegations of medical malpractice. These lawsuits can result from mistakes made by nurses or doctors staff at any stage of the birth process, including labor and pregnancy. Additionally medical professionals could be guilty of medical malpractice following the birth of a baby when they fail to provide proper treatment.
Generally speaking, the statute of limitations in these cases is 2.5 years from the date of the act of medical negligence. This time frame is extended for infants. It is nevertheless important to seek legal advice immediately to ensure that all evidence is gathered and that a timely claim be filed.
In addition to medical malpractice, a lawsuit can also be brought on behalf of a baby for birth defects that result from wrongful toxic and chemical exposures that take place during the mother's pregnancy. Specially trained birth defect lawyers can investigate and pursue these claims on behalf of the family.
When choosing an attorney to represent them in a birth defect or birth injury lawsuit, parents should look for the following characteristics:
Medical Malpractice
Birth defects can lead to a variety of mental and physical issues. Some of them could be fatal. Some of these issues are caused by genetics, while others are due to environmental exposures or the use of prescription medications during pregnancy.
A doctor or medical professional could be convicted of malpractice when they cause birth defects due to their actions or inaction. These cases typically involve medical negligence during labor or delivery. However, they can be a result of any action or failure to act in excess of the medical standard of care, such as failing to diagnose a problem or prescribing the wrong medication during pregnancy.
One example is involving Teratogens. These drugs can result in birth defects that are serious. During pregnancy, doctors usually advise women to stay clear of this medication, which is commonly used to treat seizures. If a pregnant woman is exposed to this medication, she must submit an insurance claim.
It is crucial to choose an attorney who has prior experience in these types of cases. It is best to choose an attorney who has years of experience in this field and is based on contingency, meaning that you don't have to pay any fees until you win. Also, look for an attorney who has strong communication and negotiation abilities. This will help to 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 often, these disorders are genetic, but some of them are caused by environmental or chemical exposure, or by medications the mother was taking during pregnancy.
Pharmaceutical manufacturers are required to thoroughly test their products and warn consumers of any risks. Unfortunately some pharmaceutical companies fail to keep up with the latest research or fail to anticipate possible adverse consequences. Some doctors recommend dangerous drugs to their patients and some women are not informed about the risks associated with using certain drugs during pregnancy. These are known as teratogens. They can cause birth defects in the fetus. This includes spina bifida.
Other substances that can cause birth defects are the chemicals used in the manufacturing and agricultural industries, and heavy metals like mercury, which can contaminate groundwater or air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations which expose women to harmful chemicals and substances that could cause harm to their reproductive health and lead to birth defects.
When filing an action against the parties that are accountable for your child's health It is crucial to gather the most evidence you can. Included in this are any ultrasound images or blood tests, as well as medical bills incurred due to. This information can help attorneys determine the value of the case.
Product Liability
Pregnancy is one of the most exciting and birth defect Law firms nerve-wracking events in a woman's lifetime. But it's also a period when medical professionals can make mistakes that can lead to birth defects. A reputable attorney can assist parents in submitting an action and obtaining the money they deserve from those who are responsible for the impairment of their child.
Medical experts aren't always able to determine the root of birth defects, but many of them can be attributable to environmental or chemical exposure. This could include contact from parents with toxic chemicals in the workplace, such as glycol ethers and solvents that are used in semiconductor manufacturing and agricultural chemicals used for pesticides as well as spraying of crops.
The manufacturers and the people who prescribe medications also have a duty to warn people about the dangers. However, a lot of these drugs are sold off-label to women of childbearing age without warnings regarding the potential for 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 chemical and pharmaceutical companies. He concentrates his practice on cases where birth defects result from parental exposure to toxic chemical such as those used in semiconductor manufacturing or agricultural. He graduated of the American University in Washington, D.C., and Suffolk University Law School.
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