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What's Holding Back The Birth Defect Legal Industry? Jaclyn 23-07-05 07:13
Birth Defect Litigation

Some injuries are beyond the parents of their control. Families could be faced with huge debts when these injuries require expensive procedures and special treatment.

A New York birth defect attorney can help parents who are grieving and file a claim to get compensation for future expenses. However, the law puts strict time limitations on the time a claim has to be filed.

Statute of limitations

Modern technology and medical advances have helped to reduce risks related to pregnancy, Birth Defect Litigation childbirth and birth. However, birth defects and injuries still occur. If they're preventable families need to explore their legal options.

Many birth defect lawsuits are stemming from allegations of medical malpractice that occurred. These lawsuits can result from mistakes made by nurses or doctors staff at any stage of the birth process, including labor and pregnancy. Additionally medical professionals can be guilty of medical malpractice following the birth of a child if they fail to provide the correct treatment.

Generally speaking, the time limit for these cases is generally 2.5 years from the date of the incident of medical malpractice. For infants, this time is sometimes extended. It is nevertheless important to seek legal advice early enough to ensure that all evidence is collected and that a timely claim can be filed.

A lawsuit can be filed on behalf of a child in relation to birth defects caused by toxic and chemical exposures during pregnancy. Specially trained birth defect lawyers can investigate and prosecute these claims on behalf of the family.

When choosing an attorney to represent them in a birth injury or defect lawsuit parents should be looking for the following qualities:

Medical Malpractice

Birth defects can lead to a variety of physical and mental problems. Some of them can be fatal. Some of these issues are caused by genetics, while others are caused by environmental exposures or the use of prescription drugs 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 may also involve any act of failure to do something that is below the standard of medical treatment, for instance the failure to diagnose an illness or prescribing the wrong medication during pregnancy.

One example of situation is a drug known as teratogens, which could cause serious birth defects. When pregnant, doctors usually recommend women not to take this medication, which is used to treat seizures. If women are exposed to the drug she must submit an action.

It is vital to select an attorney with prior experience in these types of cases. Choose a law firm that specializes in this area and operates on a contingency basis, so you don't pay anything unless you succeed. Look for an attorney with outstanding negotiation and communication skills. This will help ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities that require expensive medical treatment and accommodations for the child. These disorders are usually genetic, but they can also be caused by chemical or environmental exposure, or by medications taken by the mother during pregnancy.

Pharmaceutical manufacturers are required to test their products correctly and inform the public about any potential risks. Unfortunately, some pharmaceutical companies don't keep up to date with the latest research or fail to anticipate possible adverse effects. Certain doctors prescribe dangerous drugs to their patients. Some women aren't aware of the risks of taking certain medications while pregnant. These drugs, also known as teratogens, may cause birth defect settlement defects such as spina-bifida, which is a birth defect in the fe.

Other substances that can cause birth defects are chemicals used in the manufacturing and agricultural industries, as well as heavy metals like mercury which contaminate air or groundwater. Diane Paolicelli's legal career is dedicated to combating powerful corporations that expose women to harmful chemicals and substances that can damage their reproductive health or cause birth defects.

It is crucial to collect as the evidence you can prior to making a claim against the parties accountable. This includes any blood tests, ultrasound images and medical bills that arose as a result of the birth defect lawsuit defect. This assists the attorney in determining the monetary worth of the case.

Product Liability

Pregnancy is among the most exciting, yet nerve-wracking experiences in a woman's lifetime. But it's also a time where many medical professionals make mistakes that can lead to birth defect settlement defects. A top attorney can help parents file a claim against those accountable for their child's handicap and obtain the compensation they deserve.

Medical experts aren't always able to pinpoint the exact cause of birth defects, but the majority of them can be attributable to environmental or chemical exposure. This can include exposure by parents to harmful chemicals at work, such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used for crop spraying and pesticides.

Manufacturers and those who prescribe medication must also warn the public about the dangers of their products. A significant portion of these medications are sold to women who are pregnant without warnings about the risk of birth defect. This is especially true for 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 concentrates his practice on cases involving the occurrence birth defects caused by parental exposure to toxic chemicals such as those used in semiconductor manufacturing as well as agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.
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