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Birth Defect Litigation
Some injuries are beyond the parents in their control. When injuries require specialized treatment and expensive procedures, it can leave families with huge expenses.
A New York birth defect attorney can help parents who are grieving and file claims to obtain 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 the risks of childbirth and pregnancy. Birth defects and injuries do remain a possibility. When they are preventable, families need to explore their legal options.
Many birth defect lawsuits are based on claims of medical malpractice. These cases can involve mistakes committed by nurses or doctors staff at any time during labor, birth and pregnancy. Medical professionals may also be guilty of malpractice following 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 the date of the occurrence of medical malpractice. This time period may be extended for infants. It is nevertheless important to seek legal advice immediately to ensure that all evidence has been collected and that a timely claim be filed.
In addition to medical malpractice, a lawsuit can also be filed on behalf of a baby for birth defects that result from wrongful toxic and chemical exposures that take place during the mother's pregnancy. Lawyers specially trained in birth defects can investigate and bring these cases on behalf of the family.
When selecting an attorney for a birth defect or birth injury lawsuit parents should look for the following characteristics:
Medical Malpractice
Birth defects can lead to various mental and physical issues. Some birth defects may be fatal. Some of these problems are inherited, whereas others are due to exposure to the environment or the use of prescribed drugs during pregnancy.
A medical professional or doctor could be accused of misconduct when they cause a birth defect through their actions or inaction. These cases are usually due to medical negligence during labor or delivery. However, they could also include any act or failure to act that is in violation of the medical standard of care, like failing to recognize a medical issue or prescribing the wrong medicine during pregnancy.
One example of situation involves a drug called teratogens. This medication can cause serious birth defects. In the course of pregnancy, doctors generally advise women to avoid taking this medication, which is commonly used to treat seizures. If women are exposed to the drug then she must submit a claim.
It is important that you choose an attorney who has experience in these types of cases. Find a firm that is experienced in this area and operates on an on a contingency basis, meaning you don't have to pay any fees unless you succeed. Also, you should look for a lawyer with strong communication and negotiation abilities. This will help ensure that your claim is filed before the time for filing expires.
birth defect lawsuit alameda lead to physical or mental disabilities, that require costly medical treatment and accommodations for the child. These problems are usually caused by genetics, but can also be caused by environmental or chemical exposure, or by medications taken by the mother during pregnancy.
Drug manufacturers are required to test their products thoroughly and inform the public of the potential dangers. Unfortunately, some pharmaceutical companies are not keeping up to date with the latest research or fail to anticipate potential adverse consequences. Some doctors recommend dangerous drugs to their patients, and some women are not aware of the risks associated with using certain drugs during pregnancy. These drugs, also known as teratogens can cause birth defects, like spina-bifida, which is a birth defect in the fe.
Other substances that may cause birth defects include chemicals that are used in manufacturing and agriculture as well as heavy metals such as mercury, which are contaminating the groundwater and air. Diane Paolicelli's legal career has been dedicated to fighting powerful corporations who expose women to toxic chemicals and substances that could cause harm to their reproductive health and lead to birth defects.
It is crucial to collect as many evidences as you can prior to filing a lawsuit against the parties accountable. This includes any ultrasound scans, blood tests and medical bills that came up as a result of the birth defect. This will help the attorney determine the worth of the case.
Product Liability
Pregnancy can be one of the most exciting, yet nerve-wracking experiences in the life of a woman. It's also the time that medical professionals are prone to making mistakes that result in birth defects. A top lawyer can assist parents in submitting claims and getting the money they deserve from those responsible for the handicap of their child.
Although the causes of birth defects are often unknown to medical experts but a large proportion of birth defects can be linked to environmental or chemical exposure. This can include exposure by parents to toxic chemicals at work such as solvents and glycol ethers in semiconductor manufacturing, as well as agricultural chemicals used in spraying crops and pesticides.
Additionally, the manufacturers and those who prescribe prescription drugs are required to inform people of their risks. Yet, a large percentage of these drugs are sold off-label for women of childbearing age without warnings regarding the possibility of birth defects. 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 chemical and pharmaceutical companies. His practice focuses on cases involving the development of birth defects due to parental exposure to toxic chemicals, including those used in semiconductor manufacturing as well as agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.
Read More: https://vimeo.com/706770282
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