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10 Myths Your Boss Has Concerning Birth Defect Legal
Birth Defect Litigation

Some injuries are out of the parents in their control. Families are left with huge debts when these injuries require costly procedures and special care.

A New York birth defect attorney can assist parents who are in shock file claims to obtain compensation for future expenses. However, the law puts strict deadlines on the time a claim has to be filed.

Statute of limitations

Modern technology and medical advances have helped to reduce the risks associated with childbirth and pregnancy. Birth defects and injuries do continue to occur. Families need to consider their legal options if they are preventable.

Many birth defect lawsuits are stemming from accusations of medical malpractice. These lawsuits can result from mistakes committed 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 child if they fail to provide the proper treatment.

Generally speaking, the time-limit for these cases is 2.5 years from when the act was committed of medical negligence. This time frame can be extended for infants. However, it is essential to seek legal advice as soon as you can to ensure that all evidence is gathered and that a timely claim can be filed.

A lawsuit can be filed on behalf of a child to claim birth defects caused by toxic and chemical exposures during the pregnancy. Specially trained birth defect lawyers can investigate and defend these claims on behalf of the family.

Parents should consider the following characteristics when choosing an attorney to represent them in a suit for birth defects or birth injuries:

Medical Malpractice

Birth defects can cause a variety of physical and mental problems. Certain birth defects could be fatal. Some of these problems may be caused by genetics while others are triggered by exposure to environmental factors or prescription medications used during pregnancy.

Medical professionals or doctors can be accused of negligence when they cause birth defects due to their actions or inaction. These cases typically involve medical negligence during labor or delivery. They also encompass any act of failure to be in compliance with a standard of medical care, for example, failing to diagnose an illness or prescribing incorrect medication during pregnancy.

One example is involving the teratogens. These medications can cause birth defects that are serious. In the course of pregnancy, doctors generally advise women to not take this medication, which is utilized in the treatment of seizures. If a woman who is pregnant is exposed to this medication, she must make a claim.

It is important to select an attorney who has experience in handling these kinds of cases. Find birth defect lawyer clearwater that is specialized in this area and works on an hourly basis, which means you don't pay anything unless you get the case won. Choose an attorney with an excellent ability to communicate and negotiate. This will help to ensure that you file your claim before the statute of limitation expires.


Prescription Drugs

A variety of birth defects cause mental or physical disabilities that require costly medical treatment and accommodations for the child. These issues are often caused by genetics, but can also be caused by chemical or environmental exposure or medications taken by the mother during pregnancy.

Pharmaceutical companies are required to test their products thoroughly and warn the public of the potential dangers. Sadly many pharmaceutical companies do not keep up with the latest research or anticipate potential side effects. Some doctors recommend dangerous drugs to their patients and some women are not informed about the dangers associated with taking certain medications during pregnancy. These medications are referred to as teratogens and could cause birth defects in the fetus including spina Bifida.

Other substances that could cause birth defects are chemicals used in agriculture and manufacturing in addition to heavy metals such as mercury that are contaminating air or groundwater. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women to harmful chemicals and substances that damage their reproductive health and lead to birth defects.

It is important to collect as all evidence you can before filing a lawsuit against the parties responsible. This includes ultrasound images, blood tests, and medical bills that came up as a result of the birth defect. This will help the attorney determine the value of the case.

Product Liability

Pregnancy is among the most thrilling and stressful events in a woman's lifetime. It's also a time when many medical professionals can make mistakes that result in birth defects. A top lawyer can assist parents in submitting an action and obtaining the amount they deserve from those who are responsible for the impairment of their child.

Medical professionals aren't always able to determine the causes of birth defects, however the majority of them can be attributed to chemical or environmental exposure. 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 spraying crops and pesticides.

The pharmaceutical companies and those who prescribe medicines are also required to inform the public about their risks. A majority of these drugs are marketed to women who are expecting without warnings about the possibility of birth defect. This is particularly applicable to 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. He concentrates his practice on cases involving the occurrence birth defects due to parental exposure to toxic chemicals, including those in semiconductor manufacturing and agriculture. He is a graduate of the American University in Washington, D.C. and Suffolk University Law School.

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