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Birth Defect Litigation
Certain injuries are beyond the parents in their control. Families can be left with huge bills when these injuries require expensive procedures and special care.
A New York la plata birth defect lawsuit defect lawyer can assist parents who are shocked to file an appeal and obtain compensation to cover future expenses. The law has strict time limitations on when a claim can be filed.
Statute of Limitations
Modern technology and medical advances have helped to reduce the risks associated with pregnancy and childbirth. However, birth defects and injuries continue to occur. If they can be prevented, families should consider their legal options.
Many birth defect lawsuits are stemming from accusations of medical malpractice. These cases can involve mistakes made by nurses or doctors personnel at any stage of labor, pregnancy and birth. In addition medical professionals can be guilty of medical malpractice after the birth of a child when they fail to provide proper care.
In general, the statutes of limitation for these cases is 2.5 years from the date of the medical negligence. The time frame may be extended for infants. However, it is essential to seek legal advice as soon as possible to ensure that all evidence is gathered and that a timely claim be filed.
In addition to medical malpractice, a suit may also be filed on behalf of an infant for birth defects caused by improper toxic and chemical exposures that occur during the mother’s pregnancy. Lawyers specially trained in birth defects can investigate and vimeo bring these cases on behalf of the family.
Parents should be aware of the following factors when choosing an attorney to represent them in a suit for birth defects or injuries:
Medical Malpractice
Lorain birth defect law Firm defects can result in many mental or physical issues. Some of them may even be fatal. Some of these problems are genetic, but others are due to exposure to environmental factors or the use of prescription drugs during pregnancy.
A medical professional or doctor could be accused of misconduct in the event of causing a birth defect through their actions or inaction. These cases typically are due to medical negligence during delivery or labor. They can also include any act which falls below a standard of medical care, like, failing to diagnose an illness or prescribing the wrong medication during pregnancy.
One of these cases involves teratogens. These medications can cause serious birth defects. Doctors typically advise women to take this medication during pregnancy. It is used to treat seizures. If women are exposed to the drug she must submit a claim.
It is important that you select an attorney who has previous experience in these cases. You should seek out a firm with experience in this field and works on contingency, so you don’t pay any fees until you win. Also, you should look for an attorney with excellent communication and negotiation abilities. This will help ensure that your claim is filed before the statute of limitations expires.
Prescription Drugs
A variety of birth defects cause physical or mental disabilities that require costly medical treatment and accommodations for the child. Most often, these disorders are genetic, however some of them are caused by environmental or chemical exposure, or by medications the mother took during pregnancy.
Drug manufacturers have an obligation to ensure that their products are tested properly and warn consumers about any potential risks. Unfortunately, some pharmaceutical companies do not keep up to date with the latest research or fail to anticipate potential adverse consequences. Some doctors recommend dangerous drugs to their patients. Moreover, some women are not aware of the risks associated with using certain drugs during pregnancy. These drugs, known as teratogens can cause birth defects, such as spina-bifida, which is a birth defect in the fe.
Other substances that can cause birth defects are chemicals used in manufacturing and agriculture and heavy metals such as mercury that are contaminating groundwater or air. Diane Paolicelli’s career in law has been dedicated to fighting powerful corporations that expose women to toxic chemicals and substances that could harm their reproductive health or cause birth defects.
It is crucial to gather as much evidence as you can prior to filing a suit against the parties responsible. This includes ultrasound scans, blood tests, and medical bills that arose because of the birth defect. This information helps the attorney to determine the worth of the case.
Product Liability
Pregnancy is one of the most exciting and nerve-wracking moments in a woman’s life. It’s also the time when medical professionals are prone to making mistakes that result in birth defects. An experienced attorney can assist parents file a claim against those accountable for their child’s handicap and acquire the justice they deserve.
Although the causes of birth defects are usually not understood by medical professionals however, many of them are linked with exposure to chemicals or the environment. This could include contact from parents with toxic chemicals at the workplace, such as glycol ethers and solvents that are used in semiconductor manufacturing, as well as agricultural chemicals used for pesticides as well as crop spraying.
The manufacturers and the people who prescribe medicines are also required to inform the public about the dangers of their products. A large portion of these drugs is marketed to women who are pregnant without warnings about the possibility of birth defect. This is particularly applicable to antidepressants such Prozac and Zoloft.
Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defects lawsuits against chemical and pharmaceutical companies. He concentrates his practice on cases where birth defects are caused by parental exposure to toxic chemical such as those used in the manufacture of semiconductors or in agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.
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