20 Best Tweets Of All Time Concerning Birth Defect Legal
Birth Defect Litigation
Parents want perfect babies, but some injuries happen outside their control. Families may be left with a large bill when injuries require costly procedures and specialized care.
A New York birth defect lawyer can assist parents who are stunned to file an appeal and obtain compensation to cover future costs. However, the law has strict time limitations on the time a claim has to be filed.
Statute of limitations
Modern technology and medical advances have reduced the risks associated with childbirth, pregnancy and birth defect lawyers. However birth defect law firm defects and injuries still occur. If they're preventable, families should consider their legal options.
Many birth defect suits are stemming from allegations of medical malpractice that occurred. These lawsuits can be based on mistakes committed by nurses or doctors at any time during the labor and birth processes. In addition medical professionals could be guilty of medical malpractice after a child's birth by failing to provide the proper treatment.
In general, the statutes of limitation for these cases is 2.5 years from the date of the medical error. The time limit can be extended for infants. But, it is crucial to seek legal counsel as soon as possible to ensure that all evidence is gathered and that a timely claim be filed.
In addition to medical malpractice, a lawsuit can also be brought on behalf of an infant for birth defects that result from wrongful toxic and chemical exposures that occur during a mother's pregnancy. Lawyers specially trained in birth defects can investigate and bring these cases on behalf of the family.
Parents should take into consideration the following qualities when selecting an attorney to represent them in a lawsuit involving birth injury or defect:
Medical Malpractice
Birth defects can trigger numerous physical or mental problems. Some birth defects can be fatal. Certain of these problems could be genetic and birth Defects others may be caused through exposure to the environment or prescription drugs taken during pregnancy.
A medical professional or doctor could be convicted of malpractice if they cause birth defects through their actions or inaction. The majority of these cases are based on medical negligence in labor or delivery. However, they can also be a result of any action or failure to act that is not in the range of a medical standard of care, such as failing to recognize a medical issue or prescribing the wrong medicine during pregnancy.
One example of situation is a drug called teratogens. It can cause serious birth defects. Doctors typically advise women to take this medication during pregnancy. It is used to treat seizures. If the woman is exposed to the drug then she must file an action.
It is vital to select an attorney with previous experience in these cases. Find a firm that is experienced in this area and operates on a contingency basis, so you don't have to pay any fees unless you succeed. Look for an attorney who has excellent communication and negotiation skills. This will help to ensure that you file your claim before the statute of limitations expires.
Prescription Drugs
Many birth defects result in physical or mental disabilities, which require expensive medical care and accommodations for the child. Often, these conditions are genetic, but some of them are caused by chemical or environmental exposure or medication that the mother took during pregnancy.
Pharmaceutical manufacturers are required to test their products properly and inform the public about any risks that could be present. Sadly many pharmaceutical companies fail to keep up with the latest research or anticipate possible side effects. Some doctors prescribe dangerous drugs to their patients and some women are not aware of the risks of using certain drugs during pregnancy. These medications are referred to as teratogens and can cause birth defects in the fetus including spina bifida.
Other substances that could cause birth defects are the chemicals used in the manufacturing and agricultural industries, as well as 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 chemicals and other substances that damage their reproductive health and lead to birth defects.
It is crucial to gather as much evidence as you can before making a claim against the responsible parties. Included in this are any ultrasound images and blood tests as well as medical bills incurred due to. This information can help the attorney determine the value of the case.
Product Liability
Pregnancy is among the most exciting, and stressful experiences in a woman's lifetime. However, it's also a time when medical professionals can make mistakes that could lead to birth defects. An experienced attorney can help parents make a claim against those responsible for their child's condition and obtain the proper compensation they're entitled to.
Although the causes of birth defects are generally unknown to medical experts but a large proportion of birth defects can be linked to exposure to chemicals or environmental causes. This can include exposure by parents to toxic chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, as well as agricultural chemicals used for crop spraying and pesticides.
Manufacturers and those who prescribe medications are also obliged to inform people about the dangers. Yet, a large percentage of these medications are sold off-label to women of childbearing age without proper warnings about the potential for birth defects. This is especially 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. His practice is centered around cases involving the occurrence birth defects due to exposure of parents to toxic chemicals, including those used in semiconductor manufacturing as well as agriculture. He graduated of the American University in Washington, D.C., and Suffolk University Law School.