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Birth Defect Litigation
Some injuries are beyond the parents in their control. Families are left with huge bills when these injuries require costly procedures and special attention.
A New York birth defect lawyer can assist parents in filing a claim and get compensation to cover the cost of future expenses. However, the law places strict time limitations on when a claim must be filed.
Statute of limitations
Modern technology and medical advances have helped to reduce risks related to pregnancy, childbirth and birth. However, birth defects and injuries still occur. Families should consider their legal options when they are preventable.
Many birth defect lawsuits are founded on allegations of medical malpractice. These lawsuits can be based on mistakes made by doctors or nurses at any time during the pregnancy, labor and delivery processes. Medical professionals may also commit malpractice after the birth of a baby by failing to provide the correct treatment.
Generally, the statute of limitations in these cases is 2.5 years from the date of the incident of medical negligence. For infants, this is sometimes extended. It is essential to speak with a lawyer as soon as you can to ensure that all the evidence is gathered, and that a timely complaint can be filed.
A lawsuit can be filed on behalf of a child to claim birth defects caused by chemical and toxic exposures during the pregnancy. Lawyers specially trained in birth defects can investigate and bring these cases on behalf of the family.
Parents should think about the following qualities when selecting an attorney to represent them in a suit for birth defects or birth injuries:
Medical Malpractice
Birth defects can cause a wide range of physical or mental problems. Some may even be fatal. Some of these issues are genetic, but others are due to exposure to the environment or the use of prescription medications during pregnancy.
A doctor or medical professional can be accused of negligence when they cause birth defects as a result of their actions or inaction. Most cases involve medical negligence during the birth or labor process. However, they can also be a result of any action or failure to act that is in violation of a medical standard of care, like failing to diagnose a condition or prescribing the wrong medication during pregnancy.
One example involves Teratogens. These medications can cause birth defect lawsuit (http://M.042-527-9574.1004114.co.kr/bbs/board.php?bo_table=41&wr_id=660703) defects that are serious. In the course of pregnancy, doctors generally advise women to stay clear of this medication, which is utilized in the treatment of seizures. If the woman is exposed to the drug, then she should submit a claim.
It is vital to choose an attorney who has experience in these types of cases. You should seek out an attorney with experience in this field and works on contingency, so you won't have to pay anything until you win. Choose an attorney with an excellent ability to communicate and negotiate. This will help to ensure that you make your claim in time before the statute of limitations expires.
Prescription Drugs
Many birth defects cause physical or mental disabilities that require expensive medical treatment and accommodations for the child. These issues are often genetic, but can also be caused by environmental or chemical exposure or medications taken by the mother during pregnancy.
Drug manufacturers are required to adequately test their products and warn consumers about any potential risks. Unfortunately, some pharmaceutical companies fail to keep up with the latest research or fail to anticipate possible side consequences. Moreover, doctors may prescribe dangerous medications to their patients, and some women do not have adequate information about the risks associated with taking certain medications during pregnancy. These medications, also known as teratogens, can cause birth defects, such as spina-bifida, which is a birth defect in the fe.
Other substances that can cause birth defects are chemicals used in the agricultural and manufacturing industries, and heavy metals like mercury which affect groundwater or the air. Diane Paolicelli's legal profession has been dedicated to combating powerful corporations that expose women to toxic chemicals and substances that could damage their reproductive health or cause birth defects.
When filing a lawsuit against the parties responsible for your child's condition it is essential to gather as much evidence as you can. This includes any ultrasound scans, blood tests and medical bills that arose as a result of the birth defect. This allows the attorney to determine the monetary value of the case.
Product Liability
Pregnancy is among the most exciting, and nerve-wracking experiences in women's lives. But it's also a period when many medical professionals make mistakes that could lead to birth defect lawyers defects. An experienced attorney can help parents in filing an action and obtaining the compensation they deserve from the people responsible for the disabilities of their child.
While the causes of birth defect attorneys defects are typically unknown to medical professionals however, many of them can be linked to exposure to chemicals or environmental factors. This can include exposure by parents to toxic chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used for pesticides and crop spraying.
The pharmaceutical companies and those who prescribe medication also have a duty to warn people about the dangers. Yet, a large percentage of these drugs are marketed off-label to 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. His practice focuses on cases involving the occurrence of birth defects resulting from parental exposure to toxic chemicals, which includes those in semiconductor manufacturing and agriculture. He is a graduate of the American University in Washington, D.C. and Suffolk University Law School.