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7 Things About Birth Defect Legal You'll Kick Yourself For Not Knowing
Birth Defect Litigation


Some injuries are out of the parents of their control. When these injuries require special treatment and expensive procedures, it could leave families with huge expenses.

A New York birth defect attorney can assist parents who are in shock file a claim to get compensation for future expenses. The law has strict deadlines on when a claim may be filed.

Statute of limitations

Modern medical technology and advances have reduced the risks related to pregnancy, childbirth and birth. Birth defects and injuries persist. Families must consider their legal options if they can be prevented.

Many birth defect lawsuits are founded on allegations of medical malpractice that occurred. These cases may involve errors made by nurses or doctors staff at any stage of labor, pregnancy and birth. Additionally medical professionals may be guilty of medical malpractice following the birth of a child when they fail to provide proper care.

Generally speaking, the time-limit for these cases is 2.5 years from the date of the act of medical negligence. This time frame can be extended to infants. It is essential to speak with a lawyer whenever you can to ensure that all the evidence is collected and that a timely complaint can be filed.

A lawsuit may be filed on behalf of a child in relation to birth defects that are caused by toxic and chemical exposures during pregnancy. Specially trained birth defect lawyers can look into these claims and prosecute them on behalf of the family.

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

Medical Malpractice

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

A doctor or medical professional could be accused of malpractice when they cause birth defects through their actions or inaction. The majority of these cases are due to medical negligence during labor or delivery. They can also be a result of any act of failure to be in compliance with a standard of medical treatment, for instance not diagnosing an illness or prescribing incorrect medication during pregnancy.

One example involves Teratogens. These medications can lead to serious birth defects. When pregnant, doctors usually advise women to avoid taking this medication, which is commonly used to treat seizures. If an individual is exposed to the drug she must make an insurance claim.

It is essential to choose an attorney with previous experience in these cases. Choose a law firm that has a specialization in this area and operates on a contingency basis, so you don't pay anything unless you are successful. Also, search for an attorney who has strong negotiation and communication skills. This will ensure that you file your claim before the statute of limitations expires.

Prescription Drugs

Many birth defects can cause mental or physical disabilities that require costly medical treatment and accommodations for the child. These disorders are usually genetic, but they can also be caused by chemical or environmental exposure or the use of medications by the mother during pregnancy.

Pharmaceutical companies are required to test their products correctly and inform the public of any potential dangers. Sadly, some pharmaceutical companies do not keep up with research or anticipate possible side consequences. Additionally, doctors can prescribe dangerous drugs to their patients as well as some women do not have adequate information about the risks associated with taking certain drugs during pregnancy. These medications, also known as teratogens, can cause birth defects, like spina-bifida that can occur in the fetus.

Other substances that can cause birth defects are the chemicals used in the agricultural and manufacturing industries, and heavy metals such as mercury that affect groundwater or the air. Diane Paolicelli's legal career has been dedicated to fighting powerful corporations that expose women to toxic chemicals and substances that can cause harm to their reproductive health and lead to birth defects.

It is crucial to gather as all evidence you can before filing a lawsuit against the parties accountable. Included in this are ultrasound images or blood tests, as well as medical bills that are incurred as a result. This information can help attorneys determine the value of the case.

Product Liability

Pregnancy is among the most thrilling and stressful experiences a woman can go through in her life. It's also a time when medical professionals make mistakes that can lead to birth defects. A top attorney can help parents bring a lawsuit against those accountable for their child's handicap and obtain the compensation they deserve.

Medical experts are not always able to pinpoint the causes of birth defects, but the majority of them can be caused by environmental or chemical exposure. This could be due to contact by parents with toxic chemicals at the workplace, for example glycol ethers and solvents that are used in semiconductor manufacturing, and agricultural chemicals used for pesticides and crop spraying.

Furthermore, manufacturers and the people who prescribe prescription medications have a responsibility to inform people of their risks. A large number of these drugs are marketed to pregnant women without warnings of the possibility of birth defect. birth defect lawsuit san leandro is especially relevant for antidepressants like Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. His practice is centered around cases where birth defects are caused by exposure to toxic chemicals by parents, such as those used in semiconductor manufacturing or agricultural. He is a graduate from the American University in Washington, D.C., and Suffolk University Law School.

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