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Birth Defect Litigation
Parents want their children to be perfect However, some accidents happen outside their control. Families are left with a large bill when injuries require expensive procedures and special care.
A New York birth defect attorney can help parents who are in shock to file a claim to get compensation for future expenses. The law has strict time limits on when claims can be filed.
Statute of Limitations
Modern technology and medical advances have helped to reduce risks associated with childbirth, pregnancy and birth. Birth defects and injuries remain a possibility. When they are preventable, families should consider their legal options.
Many birth defect suits are founded on allegations that medical malpractice occurred. These cases may involve mistakes made by nurses or doctors at any point in the pregnancy, labor and delivery procedures. Additionally medical professionals can be guilty of medical malpractice following the birth of a child, when they fail to provide the correct treatment.
In general, the statutes of limitation for these cases is 2.5 years from the date of the medical negligence. The time frame can be extended for infants. But, birth defect attorney centennial is crucial to seek legal advice immediately to ensure that all evidence is gathered and that a timely claim can be filed.
A lawsuit may be filed on behalf of a child to claim birth defects that are caused by toxic and chemical exposures during pregnancy. Specially trained birth defects lawyers can investigate these claims and prosecute them on behalf of the family.
Parents should be aware of the following aspects when choosing an attorney to represent them in a suit for birth defects or injuries:
Medical Malpractice
Birth defects can cause a wide range of mental or physical ailments. Certain birth defects can cause death. Some of these problems are caused by genetics, while others are caused by exposure to environmental factors or the use of prescription medications during pregnancy.
Medical professionals or doctors may be accused of malpractice when they cause birth defects through their actions or inaction. These cases are usually based on medical negligence in labor or delivery. However, they can comprise any act or failure to act in excess of a medical standard of care, like failing to diagnose a problem or prescribing the wrong medicine during pregnancy.
One example involves Teratogens. These medications can lead to birth defects that are serious. During pregnancy, doctors usually advise women to not take this medication, which is utilized to treat seizures. If a woman is exposed to the drug, she must file an insurance claim.
It is crucial to choose an attorney with previous experience in these cases. Find a firm that is specialized in this area and works on the basis of a contingent fee, which means there is no cost unless you win. Look for an attorney who has great negotiation and communication skills. This will help ensure that your claim is filed 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. Most often, these disorders are genetic, however some of them can be caused by environmental or chemical exposure or medication that the mother took while pregnant.
Drug makers are required to thoroughly test their products and warn consumers about any risks. Unfortunately some pharmaceutical companies fail to keep up to date with the latest research or fail to anticipate possible side consequences. Additionally, doctors can prescribe dangerous drugs to patients as well as some women do not get proper information about the dangers of taking certain medications during pregnancy. These are known as teratogens, and they can cause birth defects in the fetus, including spina bifida.
Other substances that could cause birth defects include chemicals that are used in manufacturing and agriculture and heavy metals like mercury that are contaminating groundwater or the air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women to toxic chemicals and other substances that affect their reproductive health and cause birth defects.
When filing a lawsuit against the parties accountable for your child's condition it is essential to gather the most evidence you can. Included in this are 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 among the most exciting, yet nerve-wracking experiences in the life of a woman. It's also the time when many medical professionals can make mistakes that result in birth defects. A top attorney can assist parents in filing an action and obtaining the amount they deserve from the people responsible for the disabilities of their child.
Although the causes of birth defects are typically not understood by medical professionals however, many of them can be linked to exposure to chemicals or environmental factors. This could include contact from parents with toxic chemicals in the workplace, like glycol ethers and solvents that are used in semiconductor manufacturing, as well as chemical pesticides used in agriculture and crop spraying.
Furthermore, manufacturers and the people who prescribe prescription medications are required to inform people about the risks. A majority of these medications are sold to pregnant women without warnings about the risk of birth defect. This is particularly the case with antidepressants such as Prozac and Zoloft.
Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. He focuses his practice on cases involving the development of birth defects caused by parental exposure to toxic chemicals such as those used in semiconductor manufacturing and agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.
Website: https://vimeo.com/706910872
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