What Freud Can Teach Us About Birth Defect Legal

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Birth Defect Litigation

Some injuries are beyond the parents' control. When injuries require specialized care and costly procedures, it can cause families to incur huge costs.

A New York birth defect lawyer can assist parents in filing an appeal and obtain compensation to cover the cost of future expenses. However, the law imposes strict time limitations on when a claim needs to be filed.

Statute of limitations

Modern technology and medical advances have helped to reduce risks associated with pregnancy, childbirth and birth. Birth defects and injuries continue to occur. Families need to explore their legal options when they are preventable.

Many birth defect lawsuits are based on allegations of medical malpractice. These lawsuits can result from mistakes made by nurses or doctors staff at any time during pregnancy, labor and birth. Medical professionals can also commit malpractice after the birth of a child by failing to provide the correct treatment.

In general the statute of limitations for these cases are 2.5 years from the date of the medical error. The time frame is extended for infants. However, it is important to seek legal counsel as soon as you can to ensure that all evidence is obtained and that a timely claim can be filed.

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

When selecting an attorney for a birth injury or defect lawsuit parents should look for the following qualities:

Medical Malpractice

Birth defects can result in numerous mental or physical ailments. Some birth defects can be fatal. Some of these problems are inherited, while others are caused by exposure to environmental factors or the usage of prescription drugs during pregnancy.

A doctor or medical professional may be accused of negligence when they cause birth defects through their actions or inaction. Most cases involve medical negligence during the birth or labor process. However, they may also include any act or failure to act in excess of the medical standard of care, such as failing to diagnose a problem or prescribing the wrong medicine during pregnancy.

One example is involving teratogens. These medications can cause serious birth defects. 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 submit an insurance claim.

It is essential to select an attorney who is experienced in handling these types of cases. Find a firm that specializes in this area, and works on an hourly basis, which means you don't pay anything unless you are successful. Also, look for a lawyer who has excellent communication and negotiation abilities. This can 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. Often, these conditions are genetic, however some of them may be caused by chemical or environmental exposure, or the medications the mother consumed during pregnancy.

Drug manufacturers have an obligation to thoroughly test their products and warn consumers of any risks. Unfortunately many pharmaceutical companies do not keep up with research or foresee potential side consequences. Some doctors recommend dangerous drugs to their patients, and some women are not informed about the dangers associated with taking certain medications while pregnant. These drugs, also 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 in addition to heavy metals such as mercury that are contaminating groundwater and air. Diane Paolicelli's legal career is dedicated to fighting powerful corporations who expose women to toxic substances and chemicals that can affect their reproductive health or cause birth defects.

When bringing a lawsuit against the parties responsible for your child's condition It is crucial to gather as much evidence as you can. This includes any blood tests, ultrasound images, and medical bills that arose due to the birth defect. This information can help the attorney determine the value of the case.

Product Liability

Pregnancy is one of the most thrilling and stressful times in a woman's life. It's also a time when medical professionals can make mistakes that could lead to birth defects. A reputable attorney can assist parents in filing a claim and obtaining the money they deserve from those who are responsible for the impairment of their child.

While the causes of birth defects are usually unknown to medical professionals but a large proportion of birth defect lawsuit defects can be linked to exposure to chemicals or environmental causes. This could include exposure of parents to harmful chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, as well as agricultural chemicals used in spraying crops and pesticides.

The pharmaceutical companies and those who prescribe medication must also warn people about the dangers. A significant portion of these medications are sold to women who are pregnant without warnings about the possibility of birth defect. This is particularly relevant for antidepressants like Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. He focuses his practice on cases where birth defects are caused by exposure to toxic chemicals in the home by parents like those used in semiconductor manufacturing or farming. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.