14 Common Misconceptions Concerning Birth Defect Legal
Birth Defect Litigation
Parents want their children to be perfect However, birth defect lawsuits some accidents happen beyond their control. When injuries require specialized medical attention and expensive procedures, it could cause families to incur huge costs.
A New York birth defect attorney can assist parents in shock to file an action to receive compensation for future expenses. The law has strict time limitations on when claims can be filed.
Statute of limitations
Modern medical technology and advances have reduced the risks related to pregnancy, childbirth and birth. However birth defects and injuries continue to occur. If they can be prevented, families need to explore their legal options.
Many birth defect lawsuits are founded on allegations of medical malpractice. These cases can involve errors made by nurses or doctors at any point during the pregnancy, labor and delivery procedures. Additionally, medical professionals can commit medical malpractice following the birth of a baby by failing to provide proper treatment.
Generally, the time limit for these cases is 2.5 years from the date of the act of medical malpractice. For infants this is sometimes extended. It is essential to speak with an attorney early enough to ensure that all evidence is collected, and that a timely complaint can be filed.
A lawsuit can be filed on behalf of a child to claim birth defects caused by toxic and chemical exposures during the pregnancy. Lawyers specially trained in birth defects are able to investigate the claims and then prosecute them on behalf of the family.
When choosing an attorney for a birth defect or birth injury lawsuit, parents should look for the following qualities:
Medical Malpractice
Birth defects can lead to many mental or physical ailments. Some birth defects may be fatal. Certain of these problems could be caused by genetics while others are triggered by environmental exposures or prescription medications used during pregnancy.
A doctor or medical professional could be accused of malpractice when they cause birth defect lawyers defects as a result of their actions or inaction. These cases usually involve medical negligence during labor or delivery. They also encompass any act of failure to perform a task that is not within the standard of medical care, for example not diagnosing an illness or prescribing the wrong medication during pregnancy.
One example involves Teratogens. These drugs can result in birth defects that are serious. During pregnancy, doctors usually advise women to stay clear of this medication, which is commonly used to treat seizures. If the woman is exposed to the drug, it is recommended that she make an action.
It is important to select an attorney who is experienced in handling these types of cases. You should choose a firm with years of experience in this field and works on contingency, so you won't be charged nothing until you win. Look for an attorney who has outstanding negotiation and communication skills. This will help to ensure that you make your claim in time before the statute of limitation expires.
Prescription Drugs
Many birth defects can cause mental or Birth defect lawsuits physical disabilities that require expensive medical treatment and accommodations for the child. Most of the time, these issues are inherited, but a few of them can be caused by environmental or chemical exposure, or the medications the mother took while pregnant.
Drug makers are required to test their products properly and warn the public of any potential risks. Unfortunately, some pharmaceutical companies are not keeping up-to-date with current research or fail to anticipate potential adverse consequences. Certain doctors prescribe dangerous medications to their patients. Moreover, some women aren't aware of the risks of taking certain medications during pregnancy. These drugs, referred to as teratogens, can cause birth defects, including spina-bifida, in the fetus.
Other substances that may cause birth defects include chemicals used in agriculture and manufacturing, as well as heavy metals like mercury that are contaminating groundwater and air. Diane Paolicelli's legal profession has been focused on fighting powerful corporations who expose women to toxic chemicals and substances that could damage their reproductive health or cause birth defects.
When filing a lawsuit against the parties accountable for your child's condition it is essential to gather as much evidence as you can. This includes any ultrasound scans, blood tests and medical bills incurred as a result of the birth defect. This allows the attorney to determine the monetary worth of the case.
Product Liability
Pregnancy is among the most exciting and anxiety-inducing experiences in women's lives. However, 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 compensation they deserve from those responsible for the handicap of their child.
Although the causes of birth defects are typically unknown to medical professionals however, a significant proportion can be attributed to exposure to chemicals or environmental factors. This may include contact by parents with toxic chemicals in the workplace, like glycol ethers and solvents used in semiconductor manufacturing, and chemical pesticides used in agriculture and crop spraying.
The manufacturers and the people who prescribe medicines must also warn the public about the dangers of their products. Yet, a substantial portion of these drugs are offered off-label for women of childbearing age without proper warnings about the possibility of birth defects. This is especially true 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 result from exposure to toxic chemicals by parents, such as those used in semiconductor manufacturing or farming. He is a graduate of the American University in Washington, D.C. and Suffolk University Law School.