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Birth Defect Litigation
Parents want perfect children However, some injuries occur outside their control. Families can be left with huge bills when these injuries require costly procedures and special attention.
A New York birth defect attorney can help parents who are grieving and file an action to receive compensation for future expenses. However, the law has strict deadlines on when a claim should be filed.
Statute of limitations
Modern medical technology and advances have aided in reducing the risks related to pregnancy, childbirth and birth. However birth defects and injuries continue to occur. Families must consider their legal options if they are preventable.
Many birth defect suits are based on allegations of medical malpractice that occurred. These cases can involve mistakes committed by nurses or doctors staff at any point during pregnancy, labor and birth. Additionally medical professionals may be guilty of medical malpractice after the birth of a child if they fail to provide the correct treatment.
Generally, the time limit for these cases is generally 2.5 years from when the act was committed of medical malpractice. For infants, the time can be extended. It is essential to speak with a lawyer whenever you can to ensure that all the evidence is gathered, and that a timely complaint can be filed.
In addition to medical malpractice, a suit can also be filed on behalf of an infant for birth defects caused by improper exposure to chemicals and toxic substances that occur during the mother's pregnancy. Specially trained birth defect lawyers can investigate and prosecute these claims on behalf of the family.
When selecting an attorney for a birth injury or defect lawsuit, parents should look for the following characteristics:
Medical Malpractice
Birth defects can cause a variety of physical and mental problems. Certain birth defects could be fatal. Certain of these problems could be genetic while others are caused through exposure to the environment or prescription medications taken during pregnancy.
A doctor or medical professional can be accused of negligence when they cause birth defects through their actions or inaction. The majority of these cases are based on medical negligence during labor or delivery. They may also involve any act of failure to act which falls below a standard of medical treatment, for instance the failure to diagnose an illness or prescribing incorrect medication during pregnancy.
birth defect lawsuit olathe of case involves a medication called teratogens. It can cause serious birth defects. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If an individual is exposed to the drug, it is recommended that she file an action.
It is important to select an attorney who has experience in handling these types of cases. Choose a law firm that has a specialization in this area, and works on a contingency basis, so you don't pay anything unless you are successful. Look for an attorney with great negotiation and communication skills. This will help to ensure that you make your claim in time before the statute of limitation expires.
Prescription Drugs
A variety of birth defects cause mental or physical disabilities that require expensive medical treatment and accommodations for the child. Often, these conditions are genetically inherited, but some of them can be caused by environmental or chemical exposure or medication that the mother took during pregnancy.
Pharmaceutical companies are required to ensure that their products are tested properly and warn the public of the potential dangers. Unfortunately, some pharmaceutical companies don't keep up to date with the latest research or fail to anticipate potential adverse consequences. Certain doctors prescribe dangerous medications to their patients, and some women aren't aware of the risks associated with taking certain drugs while pregnant. These are known as teratogens and could cause birth defects in the fetus, such as spina bifida.
Other substances that can cause birth defects are the chemicals used in the manufacturing and agricultural industries, and heavy metals like mercury that contaminate air or groundwater. Diane Paolicelli has dedicated her legal career to fighting powerful corporations which expose women to harmful chemicals and substances that could affect their reproductive health and cause birth defects.
If you are filing lawsuits against the people accountable for your child's condition it is crucial to gather as much evidence as possible. Included in this are any ultrasound images as well as blood tests and medical bills incurred as a result. This information can help the attorney to determine the worth of the case.
Product Liability
Pregnancy is among the most exciting, but stressful experiences in women's lives. It's also the time that medical professionals can make mistakes that lead to birth defects. A top lawyer can help parents file a claim against those accountable for their child's handicap and acquire the justice they deserve.
While the causes of birth defects are often unknown to medical experts however, many of them are linked with exposure to chemicals or the environment. This can be due to exposure by parents to toxic chemicals in the workplace such as solvents and glycol ethers in semiconductor manufacturing, as well as agricultural chemicals used in spraying for crops and pesticides.
In addition, the manufacturer and those who prescribe prescription medicines must inform patients of the risks. A large number of these drugs are marketed to women who are pregnant 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 chemical and pharmaceutical companies. He focuses his practice on cases that involve the occurrence of birth defects caused by parental exposure to toxic chemicals, which includes those in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.
My Website: https://vimeo.com/707211984
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