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15 Surprising Stats About Birth Defect Legal
Birth Defect Litigation

Some injuries are out of the parents of their control. If these injuries require special care and costly procedures, it could result in huge costs for families.

A New York birth defect attorney can assist parents who are in shock file an appeal to be compensated for future expenses. The law has strict time limitations for when claims can be filed.


Statute of Limitations

Modern technology and medical advancements have helped reduce the risks associated with pregnancy and childbirth. However birth defects and injuries continue to occur. Families should consider their legal options when they can be prevented.

Many birth defect lawsuits stem from allegations of medical malpractice. These cases could involve mistakes made by doctors or nursing staff at any time during labor, pregnancy and birth. In addition medical professionals can be guilty of medical malpractice after the birth of a child if they fail to provide the correct treatment.

Generally, the statute of limitations in these cases is generally 2.5 years from the date of the act of medical negligence. For infants, this time period can be extended. However, it is important to seek legal advice early enough to ensure that all evidence is gathered and that a timely claim be filed.

A lawsuit can be filed on behalf of a child to claim birth defects that are caused by chemical and toxic exposures during the pregnancy. Lawyers specially trained in birth defects can investigate and bring these cases on behalf of the family.

Parents should take into consideration the following aspects when choosing an attorney to represent them in a lawsuit involving birth defects or injuries:

Medical Malpractice

Birth defects can trigger a wide range of mental or physical issues. Some of them can be fatal. Some of these problems are genetic, but others are due to exposure to environmental factors or the use of prescription medications during pregnancy.

Medical professionals or doctors could be accused of malpractice when they cause birth defects due to their actions or inaction. The most common cases involve medical negligence during the birth or labor process. However, they can also include any act or failure to act in excess of the medical standard of care, for instance, failing to recognize a medical issue or prescribing the wrong medication during pregnancy.

One example of this type of situation is a drug known as teratogens, which could cause birth defects that are serious. Doctors usually advise women not to take this medication during pregnancy. It is used to treat seizures. If a woman is exposed to the drug she must file a claim.

It is crucial to choose an attorney who has expertise in these kinds of cases. Find a law firm that is specialized in this area, and works on an hourly basis, which means you won't have to pay a dime unless you succeed. Additionally, you should choose a lawyer who has excellent communication and negotiation skills. This can help ensure that your claim is filed before the time limit expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities which require expensive medical care and accommodations for the child. These disorders are usually genetic, but can also be caused by environmental or chemical exposure or the use of medications by the mother during pregnancy.

Drug makers are required to thoroughly test their products and inform consumers of any potential risks. Unfortunately many pharmaceutical companies do not keep up with the latest research or anticipate the potential adverse effects. Certain doctors prescribe dangerous medications to their patients, and some women aren't aware of the risks associated with taking certain medications while pregnant. These medications, also known as teratogens may cause birth defects, such as spina-bifida, in the fetus.

Other substances that can cause birth defects are chemicals employed in the production and agricultural industries and heavy metals, like mercury, which are contaminating the groundwater or the air. Diane Paolicelli's legal career has been focused on combating powerful corporations that expose women to toxic chemicals and substances that may cause harm to their reproductive health and cause birth defects.

If you are filing lawsuits against the parties accountable for your child's condition, it is important to gather as much evidence as possible. This includes any blood tests, ultrasound images, and medical bills incurred due to the birth defect. This information can help attorneys determine the value of the case.

Product Liability

Pregnancy can be one of the most exciting, but anxiety-inducing experiences in women's lives. It's also a time when many medical professionals can make mistakes that lead to birth defects. A top attorney can assist parents in submitting an action and obtaining the amount they deserve from those responsible for the disability of their child.

Medical experts are not always able to determine the root of birth defects, but many of them can be attributed to chemical or environmental exposure. This can include parental contact with toxic chemicals at the workplace, such as glycol ethers and solvents that are used in semiconductor manufacturing, and agricultural chemicals used for pesticides as well as crop spraying.

The manufacturers and the people who prescribe medicines also have a duty to warn the public about the dangers of their products. However, a lot of these drugs are sold off-label to women of childbearing age without warnings regarding the risk of birth defects. This is especially applicable to antidepressants such Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. birth defect law firm south carolina concentrates his practice on cases where birth defects result from exposure to toxic chemicals by parents like those employed in the manufacture of semiconductors or in agriculture. He is a graduate of the American University in Washington, D.C., and Suffolk University Law School.

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