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Five Killer Quora Answers On Birth Defect Legal

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Birth Defect Litigation

Parents want perfect children, but some injuries happen outside their control. If injuries that result from these accidents require special medical attention and expensive procedures, it could cause families to incur huge costs.

A New York birth defect lawyer can assist parents who are stunned to file claims and receive compensation to cover future costs. The law has strict time limitations on when claims can be filed.

Statute of Limitations

Modern medical technology and advances have aided in reducing the risks that are associated with childbirth, pregnancy and birth. However, birth defects and injuries can still occur. If they can be prevented, families must consider their legal options.

Many birth defect lawsuits are founded on allegations of medical malpractice. These cases may involve errors committed by nurses or doctors staff at any point during labor, pregnancy and birth. Additionally medical professionals may be guilty of medical malpractice after a child's birth by failing to provide the proper treatment.

In general, the statutes of limitations in these cases is 2.5 years after the date of the medical negligence. For infants this is sometimes extended. However, it is important to seek legal advice as soon as you can to ensure that all evidence has been collected and that a timely claim can be filed.

In addition to medical malpractice, a lawsuit can also be brought on behalf of an infant for birth defects resulting from improper exposure to chemicals and toxic substances that occur during a mother's pregnancy. Specially trained birth defect lawyers can investigate and bring these cases on behalf of the family.

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

Medical Malpractice

Birth defects can trigger a wide range of mental or physical ailments. Some birth defects can be fatal. Some of these issues are inherited, whereas others are due to exposure to environmental factors or the usage of prescription drugs during pregnancy.

A doctor or medical professional could be convicted of malpractice when they cause a birth defect through their actions or inaction. Most cases involve medical negligence during the birth or labor process. However, they can also include any act or inability to act that falls short of a medical standard of care, such as not diagnosing a medical condition or prescribing the wrong medicine during pregnancy.

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

It is essential to choose an attorney who has prior experience in these types of cases. Choose a law firm that has a specialization in this area and operates on an hourly basis, which means there is no cost unless you win. Also, look for an attorney who has strong communication and negotiation skills. This will help ensure that you file your claim before the statute of limitations expires.

Prescription Drugs

Many birth defect attorneys defects result in physical or mental disabilities, that require expensive medical treatment and accommodations for the child. Most of the time, these issues are genetically inherited, but some of them can be caused by chemical or environmental exposure, or the medications the mother consumed during pregnancy.

Drug manufacturers are required to ensure that their products are tested properly and inform consumers of any potential risks. Sadly, some pharmaceutical companies fail to keep up with the latest research or foresee potential side effects. Additionally, doctors can prescribe dangerous drugs to patients and some women do not receive the correct information regarding the risks associated with taking certain drugs during pregnancy. These drugs are known as teratogens, and they can cause birth defects in the fetus, including spina Bifida.

Other substances that could cause birth defects are the chemicals used in the agricultural and manufacturing industries, and heavy metals like mercury, which affect groundwater or the air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women to toxic chemicals and substances that damage their reproductive health and cause birth defects.

It is crucial to gather as many evidences as you can before filing a suit against the responsible parties. This includes any blood tests, ultrasound images and medical bills that came up due to the birth defect. This information assists attorneys determine the worth of the case.

Product Liability

Pregnancy is among the most exciting and nerve-wracking moments in a woman's life. But it's also a period when medical professionals can make mistakes that could cause birth defects. A top attorney can help parents bring a lawsuit against those who are responsible for their child's disabilities and acquire the compensation they deserve.

Although the causes of birth defects are typically unknown to medical experts but a large proportion of birth defects are linked to exposure to chemicals or environmental causes. This may include contact by parents with toxic chemicals at the workplace, like glycol ethers and solvents that are used in semiconductor manufacturing as well as agricultural chemicals used for pesticides and crop spraying.

The pharmaceutical companies and those who prescribe medication are also obliged to warn the public about the dangers of their products. However, a lot of these drugs are sold off-label to women who are pregnant age without warnings regarding the risk of birth defects. This is especially relevant for antidepressants like Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect (m.042-527-9574.iwebplus.co.kr) lawsuits against pharmaceutical and chemical companies. He concentrates his practice on cases involving the development of birth defects that result from exposure of parents to toxic chemicals, including those used in semiconductor manufacturing and agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.

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