11 Creative Ways To Write About Birth Defect Legal
Birth Defect Litigation
Parents want their children to be perfect, but some injuries happen out of their control. When injuries require specialized treatment and expensive procedures, it can cause families to incur huge costs.
A New York birth defect attorney can assist parents who are shocked to file an action to receive compensation for future expenses. The law has strict time limits on when a claim can be filed.
Statute of Limitations
Modern medical technology and advances have reduced the risks associated with childbirth, pregnancy and birth. However, birth defects and injuries continue to occur. Families need to explore their legal options if they are preventable.
Many birth defect suits are made on the basis of allegations that medical malpractice occurred. These lawsuits can be based on mistakes committed by nurses or doctors at any time during the pregnancy, labor and delivery procedures. In addition medical professionals can be guilty of medical malpractice following the birth of a baby if they fail to provide the proper treatment.
Generally, the time limit for these cases is generally 2.5 years from the date of the incident of medical negligence. This time period can be extended for infants. It is nevertheless important to seek legal counsel as soon as possible to ensure that all evidence is obtained and that a timely claim be filed.
In addition to medical malpractice, birth defects a suit can also be brought on behalf of a baby for birth defects caused by improper exposure to chemicals and toxic substances that take place during the mother's pregnancy. Lawyers specially trained in birth defects can investigate and prosecute these claims on behalf of the family.
Parents should think about the following characteristics when choosing an attorney to represent them in a lawsuit involving birth defects or birth injuries:
Medical Malpractice
Birth defects can lead to an array of mental or physical issues. Some birth defects can cause death. Some of these issues are caused by genetics, while others are caused by environmental exposures or the use of prescription drugs during pregnancy.
A medical professional or doctor may be accused of negligence when they cause birth defects through their actions or inaction. Most cases involve medical negligence during labor or delivery. They also encompass any act of failure to be in compliance with a standard of medical treatment, for instance not diagnosing an illness or prescribing incorrect medication during pregnancy.
One such type of case is a medication called teratogens. This medication can cause serious birth defects. Doctors typically advise women to take this medication during pregnancy. It is used to treat seizures. If a pregnant woman is exposed to this drug, she should make a claim.
It is important that you choose an attorney who has previous experience in these cases. Look for a law firm that has a specialization in this area, and works on a contingency basis, so you don't have to pay any fees unless you get the case won. Also, search for an attorney who has strong communication and negotiation abilities. This can help ensure that your claim is filed before the time limit expires.
Prescription Drugs
Many birth defects result in physical or mental disabilities, that require costly medical treatment and accommodations for the child. These problems are usually genetic, but can also be caused by environmental or chemical exposure or the use of medications by the mother during pregnancy.
Drug makers are required to ensure that their products are tested properly and warn consumers of any risks. Unfortunately some pharmaceutical companies do not keep up 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 dangers associated with taking certain medications while pregnant. These drugs are known as teratogens, and they can cause birth defects in the fetus, such as spina bifida.
Other substances that can cause birth defects are the chemicals used in the agricultural and manufacturing industries, and heavy metals like mercury that affect groundwater or the air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women to harmful chemicals and substances that harm their reproductive health and lead to birth defects.
When bringing a lawsuit against the parties responsible for your child's condition It is crucial to gather the most evidence you can. This includes any ultrasound images, blood tests, and medical bills that came up because of the birth defect. This allows the attorney to determine the worth of the case.
Product Liability
Pregnancy can be one of the most exciting, birth defects yet anxiety-inducing experiences in women's lives. But it's also a period when many medical professionals make mistakes that can cause birth defects. A top attorney can help parents bring a lawsuit against those responsible for their child's condition and receive the justice they deserve.
While the causes of birth defects are typically unknown to medical professionals but a large proportion of birth defects can be linked to environmental or chemical exposure. This may include contact by parents with toxic chemicals at the workplace, for example solvents and glycol ethers used in semiconductor manufacturing and agricultural chemicals for pesticides and spraying crops.
Furthermore, manufacturers and those who prescribe prescription medicines have a responsibility to warn people about the risks. Yet, a large percentage of these drugs are sold off-label to women who are pregnant age without warnings regarding the potential for birth defects. This is particularly true for antidepressants such as Prozac and Zoloft.
Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defects lawsuits against pharmaceutical and chemical companies. His practice focuses on cases involving the occurrence birth defects that result from exposure of parents to toxic chemicals, which includes those used in semiconductor manufacturing and agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.