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Birth Defect Litigation
Parents want perfect children However, some injuries occur outside of their control. When these injuries require special care and costly procedures, it could cause families to be faced with massive costs.
A New York birth defect lawyer can assist parents in filing a claim and get compensation to cover the cost of future expenses. However, the law has strict deadlines on the time a claim has to be filed.
Statute of limitations
Modern technology and medical advancements have aided in reducing the risks that are associated with childbirth, pregnancy and birth. Birth defects and injuries still occur. Families must consider their legal options when they are preventable.
Many birth defect suits are stemming from claims of medical malpractice. These cases could involve mistakes made by nurses or doctors at any time during the labor and delivery processes. Additionally, medical professionals can commit medical malpractice after the birth of a baby if they fail to provide the proper treatment.
In general the statute of limitations in these cases are 2.5 years after the date of the medical malpractice. The time limit can be extended to infants. It is crucial to consult a lawyer early enough to ensure that all evidence is gathered and that a timely complaint can be filed.
A lawsuit may be filed on behalf of a child to claim birth defects that are caused by chemical and toxic exposures during pregnancy. Specially trained birth defect lawyers can investigate these claims and bring them to trial on behalf of the family.
Parents should consider the following qualities when selecting an attorney to represent them in a lawsuit involving birth defect or injury:
Medical Malpractice
Birth defects can result in many mental or physical ailments. Some of them can be fatal. Certain of these problems could be caused by genetics and others may be caused by exposure to the environment or prescription medications taken during pregnancy.
Medical professionals or doctors could be convicted of malpractice when they cause birth defects as a result of their actions or inaction. These cases typically involve medical negligence during the birth or labor process. They also encompass any do something that is below the standard of medical care, such as not diagnosing an illness or prescribing incorrect medication during pregnancy.
One instance of situation is a drug called teratogens. It can 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 who is pregnant is exposed to this drug, she should file a claim.
It is important that you select an attorney with expertise in these kinds of cases. It is best to choose a firm with years of experience in this field and works on contingency, so you don't pay any fees until you win. Look for an attorney with an excellent ability to communicate and negotiate. This will ensure that you file your claim before the time for filing expires.
Prescription Drugs
Many birth defects result in mental or physical disabilities that require expensive medical treatment and accommodations for the child. These conditions are often genetic, but can also be caused by chemical or environmental exposure, or by medications taken by the mother during pregnancy.
Pharmaceutical companies are required to test their products correctly and inform the public about any potential dangers. Sadly some pharmaceutical companies fail to keep up with research or anticipate potential side effects. Certain doctors prescribe dangerous drugs to their patients. Some women aren't aware of the risks associated with taking certain drugs while pregnant. These medications are referred to as teratogens. They could cause birth defects in the fetus, including spina Bifida.
Other substances that could cause birth defects include chemicals used in agriculture and manufacturing as well as heavy metals, like mercury that are contaminating air or groundwater. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations which expose women to harmful chemicals and other substances that harm their reproductive health and lead to birth defects.
When filing an action against the parties who are responsible for your child's illness it is crucial to gather as much evidence as possible. Included in this are ultrasound images or blood tests, as well as medical bills incurred as a result. This information will help the attorney assess the worth of the case.
Product Liability
Pregnancy is among the most thrilling and stressful events in a woman's lifetime. It's also the time when many medical professionals can make mistakes that result in birth defects. birth defect lawyer lincoln can help parents to file a claim against the medical professionals responsible for their child's disability and get the amount of compensation they deserve.
While the causes of birth defects are usually unknown to medical professionals however, many of them are linked to exposure to chemicals or environmental causes. This can include exposure by parents to toxic chemicals in the workplace such as solvents and glycol ethers in semiconductor manufacturing, as well as agricultural chemicals used for spraying for crops and pesticides.
Additionally, the manufacturers and those who prescribe prescription medicines must inform people of their risks. A significant portion of these drugs are marketed to pregnant women without warnings about the possibility of birth defects. This is particularly applicable to antidepressants such Prozac and Zoloft.
Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. His practice is centered around cases where birth defects are caused by exposure to toxic chemicals by parents, such as those used in semiconductor manufacturing or agricultural. He graduated from American University in Washington, D.C. and Suffolk University Law School.