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What's Holding Back In The Birth Defect Legal Industry?

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Birth Defect Litigation

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

A New York birth defect lawyer can help stunned parents file an appeal and obtain compensation to cover future costs. The law has strict time limitations on when a claim may be filed.

Statute of limitations

Modern technology and medical advancements have reduced the risks related to pregnancy, childbirth and birth. However, birth defects and injuries can still occur. Families should consider their legal options if they are preventable.

Many birth defect lawsuits stem from allegations of medical malpractice. These cases can involve mistakes committed by nurses or doctors personnel at any stage of labor, birth and pregnancy. In addition medical professionals may be guilty of medical malpractice following the birth of a child by failing to provide the proper treatment.

In general the statute of limitation for these cases is 2.5 years from the date of the medical malpractice. The time frame can be extended to infants. It is crucial to consult an attorney as soon as you can to ensure that all the evidence is gathered and that a timely complaint be filed.

In addition to medical malpractice, a suit could also be filed on behalf of a baby for birth defects caused by improper toxic and chemical exposures that take place during the mother's pregnancy. Specially trained birth defect lawyers can investigate and bring these cases on behalf of the family.

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

Medical Malpractice

Birth defects can cause an array of physical or mental problems. Some birth defects can cause death. Some of these issues are genetic, but others are caused by exposure to environmental factors or the usage of prescription medications during pregnancy.

Medical professionals or doctors could be accused of malpractice when they cause birth defects by their actions or inaction. Most cases involve medical negligence during labor or delivery. However, they could also include any act or failure to act in excess of the medical standard of care, such as failing to diagnose a condition or prescribing the wrong medicine during pregnancy.

One example of situation involves a drug called teratogens, which can cause birth defects that are serious. During pregnancy, doctors typically advise women to avoid taking this medication, which is used to treat seizures. If a woman who is pregnant is exposed to this drug, she should submit a claim.

It is crucial to choose an attorney who has prior experience in these types of cases. Choose a law firm that is specialized in this field and operates on the basis of a contingent fee, which means you don't have to pay any fees unless you get the case won. Also, look for a lawyer with strong communication and negotiation abilities. This can help ensure that your claim is filed before the time limit expires.

Prescription Drugs

A variety of birth defects cause mental or physical disabilities that require costly medical treatment and accommodations for the child. The majority of these problems are genetically inherited, but some of them may be caused by environmental or chemical exposure, or the medications the mother was taking during pregnancy.

Drug manufacturers are required to test their products thoroughly and inform the public of any potential risks. Unfortunately, some pharmaceutical companies are not keeping up-to-date with current research or fail to anticipate potential adverse consequences. In addition, doctors can prescribe dangerous drugs to their patients as well as some women do not have adequate information about the risks of taking certain medications during pregnancy. These drugs are referred to as teratogens, and they can cause birth defects in the fetus. This includes spina bifida.

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's legal profession has been focused on combating powerful corporations that expose women to harmful chemicals and substances that could affect their reproductive health or lead to birth defects.

It is important to collect as the evidence you can prior to filing a lawsuit against the parties accountable. Included in this are ultrasound images, blood tests, and medical bills that are incurred as a result. This information helps the attorney to determine the worth of the case.

Product Liability

Pregnancy is among the most exciting, yet nerve-wracking experiences in women's lives. It's also the time when medical professionals can make mistakes that cause birth defects. An experienced attorney can help parents in filing a claim and obtaining the compensation they deserve against those who are responsible for the impairment of their child.

Medical experts aren't always able determine the exact cause of birth defects, but many of them can be attributable to environmental or chemical exposure. This could be due to contact by parents with toxic chemicals at the workplace, such as glycolethers and solvents utilized in semiconductor manufacturing, and agricultural chemicals used for pesticides and spraying of crops.

Additionally, the manufacturers and those who prescribe prescription medicines have a responsibility to warn people about the risks. A majority of these drugs are offered to women who are expecting without warnings of the potential for birth defect lawsuit 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 chemical and pharmaceutical companies. He concentrates his practice on cases where birth defects are caused by exposure to toxic chemicals by parents such as those that are used in the manufacture of semiconductors or in agriculture. He graduated from the American University in Washington, D.C., and Suffolk University Law School.

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