20 Fun Informational Facts About Birth Defect Legal
birth defect lawsuit Defect Litigation
Parents want their children to be perfect However, some injuries occur beyond their control. If injuries that result from these accidents require special medical attention and expensive procedures, it could result in huge costs for families.
A New York birth defect attorney can assist parents shocked to file an action to receive compensation for future expenses. The law has strict time limits on when a claim may be filed.
Statute of limitations
Modern technology and medical advances have helped to reduce the risks associated with childbirth and pregnancy. Birth defects and injuries persist. Families need to consider their legal options when they are preventable.
Many birth defect lawsuits stem from allegations of medical malpractice. These lawsuits can result from mistakes committed by nurses or doctors staff at any stage of the birth process, including labor and pregnancy. Medical professionals may also be negligent after the birth of a child when they fail to provide the proper treatment.
Generally speaking, the time-limit for these cases is generally 2.5 years from the date of the act of medical malpractice. For infants, this period may be extended. It is nevertheless important to seek legal advice immediately to ensure that all evidence is gathered and that a timely claim can be filed.
In addition to medical malpractice, a suit may also be filed on behalf of a baby for birth defects resulting from improper toxic and chemical exposures that take place during the mother's pregnancy. Lawyers specially trained in birth defects can investigate and birth defect lawsuit pursue these claims on behalf of the family.
Parents should think about the following qualities when selecting an attorney to represent their interests in a lawsuit filed for birth defect or injury:
Medical Malpractice
Birth defects can cause a variety of mental and physical ailments. Some of them can be fatal. Some of these problems may be caused by genetics, while others are caused by exposure to the environment or prescription drugs taken during pregnancy.
A doctor or medical professional could be accused of malpractice when they cause birth defects through their actions or inaction. The majority of these cases are caused by medical negligence during labor or delivery. However, they can also comprise any act or failure to act that is in violation of the medical standard of care, such as failing to diagnose a condition or prescribing the wrong medicine during pregnancy.
One such type of case is a medication called teratogens, which 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, then she should submit an insurance claim.
It is essential to select an attorney who has experience in handling these kinds of cases. Choose a law firm that is experienced in this field and operates on an on a contingency basis, meaning there is no cost unless you succeed. Look for an attorney with an excellent ability to communicate and negotiate. This will help ensure that you make your claim in time before the time for filing expires.
Prescription Drugs
A variety of birth defects cause mental or physical disabilities that require expensive medical treatment and accommodations for the child. These conditions are often genetic, but they can also be caused by chemical or environmental exposure or the use of medications by the mother during pregnancy.
Pharmaceutical manufacturers are required to ensure that their products are tested properly and inform the public of the potential dangers. Unfortunately certain pharmaceutical companies fail to keep up with research or anticipate possible side consequences. Certain doctors prescribe dangerous drugs to their patients. Moreover, some women are not informed about the risks associated with using certain drugs during pregnancy. These drugs, referred to as teratogens may cause birth defects, including spina-bifida that can occur in the fetus.
Other substances that could cause birth defects include chemicals used in agriculture and manufacturing, as well as heavy metals like mercury that are contaminating groundwater or air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women chemicals and substances that damage their reproductive health and cause birth defect lawsuit defects.
It is important to collect as all evidence you can before making a claim against the responsible parties. Included in this are any ultrasound images as well as blood tests and medical bills incurred as a result. This will help the attorney determine the monetary value of the case.
Product Liability
Pregnancy is among the most thrilling and stressful events in a woman's lifetime. But it's also a time when medical professionals can make mistakes that can cause birth defects. A top attorney can assist parents in submitting an action and obtaining the compensation they deserve against the people responsible for the disabilities of their child.
Although the causes of birth defects are typically unknown to medical professionals but a large proportion of birth defects are linked to exposure to chemicals or environmental factors. This can include parental exposure to toxic chemicals in the workplace such as solvents and glycol ethers in semiconductor manufacturing, as well as agricultural chemicals used in spraying crops and pesticides.
Furthermore, manufacturers and those who prescribe prescription medications must inform patients of the risks. A large portion of these drugs is marketed to women who are pregnant without warnings about the possibility of birth defects. 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 concentrates his practice on cases involving the development of birth defects due to exposure of parents to toxic chemicals, which includes those in semiconductor manufacturing and agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.