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Birth Defect Litigation
Certain injuries are beyond the parents or their control. If injuries that result from these accidents require special medical attention and expensive procedures, it could result in huge costs for families.
A New York birth defect lawyer can assist parents who are shocked to file claims and receive compensation to cover future costs. The law has strict time limitations for when claims can be filed.
Statute of Limitations
Modern technology and medical advances have helped reduce the risks that come with childbirth and pregnancy. However birth defects and injuries do occur. Families need to explore their legal options when they can be prevented.
Many birth defect suits are based on claims of medical malpractice. These cases could involve mistakes committed by nurses or doctors staff at any stage of labor, pregnancy and birth. Additionally medical professionals could be guilty of medical malpractice following a child's birth by failing to provide proper care.
Generally speaking, the time-limit for these cases is generally 2.5 years from the date of the act of medical negligence. This time frame is extended for infants. It is crucial to consult a lawyer as soon as you can to ensure that all evidence is collected and that a timely complaint be filed.
A lawsuit may be filed on behalf of a child to claim birth defects caused by chemical and toxic exposures during the pregnancy. Specially trained birth defect lawyers can look into these claims and prosecute them on behalf of the family.
Parents should think about the following characteristics when choosing an attorney to represent their interests in a lawsuit filed for birth defects or injuries:
Medical Malpractice
Birth defects can cause many physical or mental problems. Some may even be fatal. Certain of these problems could be caused by genetics while others are caused through exposure to the environment or prescription drugs used during pregnancy.
A doctor or medical professional may be accused of malpractice when they cause birth defects as a result of 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 the failure to diagnose an illness or prescribing incorrect medication during pregnancy.
One such type of situation involves a drug called teratogens. This medication can cause birth defects that are serious. Doctors typically advise women not to take this medication during pregnancy. It is used to treat seizures. If a woman is exposed to the drug, then she should submit an insurance claim.
It is crucial to select an attorney who has expertise in these kinds of cases. You should seek out a firm that has years of experience in this field and is based on contingency, meaning that you don't have to pay nothing until you win. Additionally, you should choose a lawyer who has excellent communication and negotiation abilities. This will ensure that your claim is filed before the time for filing expires.
Prescription Drugs
Many birth defects result in mental or physical disabilities, which require expensive medical care and accommodations for the child. These issues are often genetic, but they can also be caused by environmental or chemical exposure, or by medications taken by the mother during pregnancy.
Pharmaceutical manufacturers are required to thoroughly test their products and inform consumers of any risks. Sadly certain pharmaceutical companies fail to keep up with research or foresee potential side effects. Furthermore, doctors may prescribe dangerous drugs to their patients, and some women do not receive the correct information regarding the risks of taking certain drugs during pregnancy. These drugs, referred to as teratogens, can cause birth defects, such as spina-bifida that can occur in the fetus.
Other substances that may cause birth defects include chemicals employed in the production and agricultural industries as well as heavy metals like mercury, which are contaminating the groundwater or the air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations which expose women to harmful chemicals and other substances that damage their reproductive health and cause birth defects.
It is crucial to gather as many evidences as you can prior to filing a suit against the parties accountable. This includes any ultrasound images, blood tests, and medical bills that came up as a result of the birth defect. This helps the attorney establish the financial value of the case.
Product Liability
Pregnancy can be one of the most exciting, but nerve-wracking experiences in women's lives. birth defect law firm knoxville 's also a time where many medical professionals make mistakes that can cause birth defects. A top lawyer can assist parents in submitting claims and getting the compensation they deserve against those who are responsible for the impairment of their child.
Although the causes of birth defects are usually not understood by medical professionals however, a significant proportion can be linked with exposure to chemicals or the environment. This could be due to contact by parents with toxic chemicals at the workplace, such as glycol ethers and solvents used in semiconductor manufacturing, as well as chemical pesticides used in agriculture and spraying on crops.
Furthermore, manufacturers and those who prescribe prescription drugs have a responsibility to inform people of their risks. However, a significant portion of these medications are sold off-label to women who are pregnant age without proper warnings about the possibility of birth defects. This is especially the case with antidepressants such as Prozac and Zoloft.
Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. He focuses his practice on cases that involve the occurrence of birth defects resulting from exposure of parents to toxic chemicals, such as those used in semiconductor manufacturing and agriculture. He graduated of the American University in Washington, D.C., and Suffolk University Law School.
Read More: https://vimeo.com/707170792
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