10 Misconceptions That Your Boss May Have About Birth Defect Legal
Birth Defect Litigation
Parents want their children to be perfect However, some accidents happen outside their control. Families could be faced with a huge bill when injuries require costly procedures and specialized care.
A New York birth defect attorney can help parents in shock file a claim to get compensation for future expenses. However, the law imposes strict deadlines when a claim should be filed.
Statute of Limitations
Modern medical technology and advancements in medical science have reduced the risks associated with childbirth, pregnancy and birth defect attorney birth. Birth defects and injuries do persist. If they can be prevented, families must explore their legal options.
Many birth defect lawsuits stem from allegations of medical malpractice. These cases could involve mistakes committed by nurses or doctors at any time during labor and delivery procedures. Medical professionals may also be negligent after the birth of a baby in the event that they fail to provide appropriate treatment.
Generally speaking, the time-limit for these cases is 2.5 years from the date of the incident of medical malpractice. This time period can be extended for infants. It is crucial to consult an attorney immediately to ensure that all evidence is gathered and that a timely complaint be filed.
A lawsuit can be filed on behalf of a child to claim birth defects caused by chemical and toxic exposures during pregnancy. Specially trained birth defects lawyers are able to investigate these claims and pursue them on behalf of the family.
Parents should take into consideration the following factors when choosing an attorney to represent them in a lawsuit involving birth defect or injury:
Medical Malpractice
birth defect lawyer defects can trigger numerous physical or mental problems. Some may even be fatal. Some of these problems are inherited, while others are caused by environmental exposures or the use of prescription medications during pregnancy.
Medical professionals or doctors could be convicted of malpractice when they cause birth defects due to their actions or inaction. These cases are usually due to medical negligence during delivery or labor. They may also involve any other be in compliance with a standard of medical care, like, failing to diagnose an illness or prescribing incorrect medication during pregnancy.
One example is involving Teratogens. These medications can cause serious birth defects. When pregnant, doctors usually advise women to stay clear of this medication, which is used to treat seizures. If the woman is exposed to the drug, then she must submit an insurance claim.
It is important to select an attorney who has handled these types of cases. You should look for birth defect attorney an attorney who has expertise in this area and is on contingency, which means you don't pay anything until you are successful. Also, you should look for a lawyer with strong communication and negotiation skills. This will ensure that your claim is filed before the time for filing expires.
Prescription Drugs
Many birth defects result in mental or physical disabilities that require costly medical treatment and accommodations for the child. Often, these conditions are genetically inherited, but some of them can be caused by chemical or environmental exposure, or medications that the mother took during pregnancy.
Pharmaceutical companies are required to ensure that their products are tested properly and inform the public of any potential dangers. Unfortunately, some pharmaceutical companies don't keep up to date with the latest research or fail to anticipate possible adverse consequences. In addition, doctors can prescribe dangerous medicines to their patients and some women do not receive the correct information regarding the risks associated with taking certain medications during pregnancy. These medications, also known as teratogens can cause birth defects such as spina-bifida, in the fetus.
Other substances that could cause birth defects are chemicals used in agriculture and manufacturing, as well as heavy metals like mercury that are contaminating 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 lead to birth defects.
If you are filing an action against the parties responsible for your child's condition it is essential to gather the most evidence you can. This includes blood tests, ultrasound images and medical bills that came up because of the birth defect. This information assists the attorney to determine the value of the case.
Product Liability
Pregnancy is among the most exciting, yet stressful experiences in the life of a woman. But it's also a period where many medical professionals make mistakes that could cause birth defects. A top attorney can help parents bring a lawsuit against those responsible for their child's disability and acquire the amount of compensation they deserve.
Although the causes of birth defects are usually not understood by medical professionals but a large proportion of birth defects are linked to exposure to chemicals or environmental factors. This could be due to contact by parents with toxic chemicals in the workplace, like solvents and glycol ethers used in semiconductor manufacturing and agricultural chemicals used for pesticides and crop spraying.
The manufacturers and the people who prescribe medications must also inform the public about the dangers of their products. A significant portion of these drugs are marketed to women who are pregnant without warnings about the risk of birth defect. This is especially applicable to antidepressants such Prozac and Zoloft.
Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. His practice focuses on cases that involve the occurrence of birth defects resulting from exposure of parents to toxic chemicals such as those used in semiconductor manufacturing as well as agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.