9 Signs That You re The Birth Defect Legal Expert
Birth Defect Litigation
Parents want their children to be perfect however, there are some injuries that occur outside their control. Families could be faced with a large bill when injuries require costly procedures and special attention.
A New York birth defect attorney can assist parents who are grieving and file an action to receive compensation for future expenses. The law has strict deadlines on when claims can be filed.
Statute of Limitations
Modern technology and medical advances have helped reduce the risks associated with childbirth and pregnancy. birth defect lawyers defects and injuries continue to occur. If they can be prevented, families should consider their legal options.
Many birth defect lawsuits are based on allegations of medical malpractice. These lawsuits can result from mistakes committed by nurses or doctors staff at any stage of labor, birth and pregnancy. Medical professionals may also be guilty of malpractice following the birth of a child if they fail provide proper treatment.
In general the statute of limitations for these cases is 2.5 years from the date of the medical negligence. The time frame may be extended for infants. It is essential to speak with an attorney immediately to ensure that all the evidence is gathered and that a timely complaint be filed.
In addition to medical malpractice, a lawsuit could also be filed on behalf of a baby for birth defects caused by improper toxic and chemical exposures that occur during the mother's pregnancy. Specially trained birth defect lawyers can investigate and pursue these claims on behalf of the family.
Parents should take into consideration the following qualities when selecting an attorney to represent their interests in a lawsuit filed for birth injury or defect:
Medical Malpractice
Birth defects can trigger an array of mental or physical ailments. Some may even be fatal. Certain of these problems could be genetic, while others are caused by environmental exposures or prescription drugs used during pregnancy.
Medical professionals or doctors could be convicted of malpractice when they cause birth defects as a result of their actions or inaction. These cases typically are based on medical negligence during labor or delivery. However, they may also comprise any act or failure to act that is in violation of the medical standard of care, like failing to recognize a medical issue or prescribing the wrong medication during pregnancy.
One example of this type of case is a medication called teratogens. This medication can cause serious birth defects. During pregnancy, doctors usually recommend women not to take this medication, which is commonly used in the treatment of seizures. If women are exposed to the drug she must submit an action.
It is essential to select an attorney who has expertise in these kinds of cases. Find a law firm that specializes in this area and operates on an on a contingency basis, meaning you won't have to pay a dime unless you are successful. Also, search for a lawyer who has excellent communication and negotiation abilities. This will help ensure that you file your claim before the statute of limitation expires.
Prescription Drugs
Many birth defects result in physical or mental disabilities that require costly medical treatment and accommodations for the child. Often, these conditions are genetically inherited, but some of them may be caused by chemical or environmental exposure, or medications that the mother was taking during pregnancy.
Drug manufacturers are required to thoroughly test their products and warn consumers of any potential risks. Unfortunately, some pharmaceutical companies do not keep up with research or foresee potential side effects. Certain doctors prescribe dangerous drugs to their patients, and some women aren't aware of the dangers associated with taking certain drugs while pregnant. These drugs, referred to as teratogens can cause birth defects, including spina-bifida, which is a birth defect in the fe.
Other substances that can cause birth defects are chemicals used in the agricultural and manufacturing industries, as well as heavy metals like mercury, which contaminate air or groundwater. 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 defects.
It is crucial to collect as many evidences as you can before making a claim against the parties accountable. Included in this are ultrasound images as well as blood tests and medical bills incurred as a result. This assists the attorney in determining the financial value of the case.
Product Liability
Pregnancy is among the most exciting, and anxiety-inducing experiences in the life of a woman. It's also the time that medical professionals are prone to making mistakes that result in birth defects. An experienced attorney can help parents make a claim against those responsible for their child's disability and get the amount of compensation they deserve.
Medical professionals aren't always able determine the root of birth defects, but many of them can be due to environmental or chemical exposure. This could include exposure of parents to toxic chemicals at work such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used for spraying crops and pesticides.
In addition, the manufacturer and the people who prescribe prescription medications are required to inform consumers of the dangers. A large portion of these medications are sold to women who are pregnant without warnings of the possibility of birth defect. This is especially applicable to antidepressants, such as Prozac and Zoloft.
Christian Uehlein is a partner with Thornton Law Firm. He 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 agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.