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Birth Defect Litigation
Certain injuries are beyond the parents or their control. Families could be faced with huge bills when these injuries require expensive procedures and specialized care.
A New York birth defect lawyer can assist parents who are stunned to file an action and receive compensation to cover future expenses. However, the law has strict time limitations on the time a claim has to be filed.
Statute of limitations
Modern technology and medical advancements have helped reduce the risks that come with childbirth and pregnancy. However, birth defects and injuries can still occur. If they're preventable families should consider their legal options.
Many birth defect lawsuits stem from allegations of medical malpractice. These cases can involve errors made by nurses or doctors at any time during labor and birth processes. Medical professionals can also be guilty of malpractice following the birth of a baby by failing to provide the correct treatment.
In general the statute of limitations in these cases is 2.5 years from the date of the medical negligence. For infants, the time can be extended. It is essential to talk with an attorney as soon as you can to ensure that all evidence is collected, and that a timely complaint can be filed.
In addition to medical malpractice, a lawsuit can also be filed on behalf of an infant for birth defects resulting from improper toxic and chemical exposures that occur during a mother's pregnancy. Lawyers specially trained in birth defects can investigate these claims and bring them to trial on behalf of the family.
Parents should think about the following aspects when choosing an attorney to represent their interests in a lawsuit filed for birth defects or injuries:
Medical Malpractice
Birth defects can trigger a wide range of physical or mental problems. Certain birth defects can be fatal. Some of these issues are genetic, but others are caused by exposure to environmental factors or the usage of prescription drugs during pregnancy.
A doctor or medical professional may be accused of malpractice when they cause birth defects due to their actions or inaction. Most cases involve medical negligence during the birth or labor process. However, they could also comprise any act or failure to act that is in violation of a medical standard of care, for instance, failing to diagnose a problem or prescribing the wrong medication during pregnancy.
One instance of case involves a medication called teratogens, which can cause serious birth defects. Doctors typically advise women not to take this medication during pregnancy. It is used to treat seizures. If an individual is exposed to the drug then she should make an action.
It is important to select an attorney who is experienced in handling these kinds of cases. It is best to choose an attorney with expertise in this area and works on contingency, so you don't pay anything until you are successful. Find an attorney who has excellent communication and negotiation skills. This will help ensure that your claim is filed before the time limit expires.
Prescription Drugs
Many birth defects cause mental or physical disabilities that require expensive medical treatment and accommodations for the child. These conditions are often genetic, but can also be caused by environmental or chemical exposure or medication taken by the mother during pregnancy.
Drug makers are required to ensure that their products are tested properly and warn consumers about any potential risks. Unfortunately, some pharmaceutical companies don't keep up-to-date with current research or fail to anticipate possible adverse consequences. Some doctors recommend dangerous drugs to their patients. Some women are not informed about the dangers associated with taking certain medications while pregnant. These drugs, also known as teratogens, may cause birth defects, including spina-bifida, in the fetus.
Other substances that can cause birth defects are chemicals employed in the production and agricultural industries as well as heavy metals like mercury, which are contaminating the groundwater or the air. Diane Paolicelli's legal career has been focused on fighting powerful corporations that expose women to harmful substances and chemicals that can cause harm to their reproductive health and cause birth defects.
If you are filing lawsuits against the people that are accountable for your child's health It is crucial to gather as much evidence as possible. Included in this are any ultrasound images and blood tests as well as medical bills incurred as a result. This assists the attorney in determining the value of the case.
Product Liability
Pregnancy is among the most thrilling and stressful moments in a woman's life. It's also a time when medical professionals are prone to making mistakes that cause birth defects. An experienced attorney can help parents file a claim against those responsible for their child's condition and get the proper compensation they're entitled to.
Medical professionals aren't always able to determine the exact cause of birth defects, but a large number can be attributable to environmental or chemical exposure. This could be due to contact by parents with toxic chemicals in the workplace, such as glycol ethers and solvents used in semiconductor manufacturing, and agricultural chemicals used for pesticides as well as spraying of crops.
Furthermore, manufacturers and the people who prescribe prescription medications are required to inform consumers of the dangers. However, birth defect lawsuit chesapeake of these medications are sold off-label to women who are pregnant age without adequate warnings about the risk of birth defects. This is particularly the case with antidepressants such as Prozac and Zoloft.
Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. He focuses his practice on cases involving the occurrence birth defects that result from exposure of parents to toxic chemicals, which includes those used in semiconductor manufacturing and agriculture. He is a graduate from the American University in Washington, D.C., and Suffolk University Law School.
Homepage: https://vimeo.com/706933739
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