10 Myths Your Boss Is Spreading Concerning Birth Defect Legal
Birth Defect Litigation
Some injuries are out of the parents or their control. Families can be left with huge bills when these injuries require expensive procedures and special attention.
A New York birth defect attorney can assist parents in shock file an action to receive compensation for future expenses. However, the law has strict deadlines for when a claim should be filed.
Statute of limitations
Modern technology and medical advances have helped to reduce risks associated with pregnancy, childbirth and birth. However, birth defects and injuries do occur. If they can be prevented, families must consider their legal options.
Many birth defect lawsuits are founded on allegations of medical malpractice. These cases can involve errors made by nurses or birth Defect Attorney doctors at any point during the pregnancy, labor and delivery processes. Medical professionals can also commit malpractice after the birth defect attorneys of a child if they fail provide proper treatment.
In general the statute of limitations in these cases is 2.5 years after the date of the medical negligence. The time frame is extended for infants. However, it is essential to seek legal counsel as soon as you can to ensure that all evidence is obtained and that a timely claim can be filed.
A lawsuit can be filed on behalf of a child for birth defects caused by toxic and chemical exposures during pregnancy. Specially trained birth defect lawyers can investigate and bring these cases on behalf of the family.
When selecting an attorney for a birth injury or defect lawsuit parents should consider the following characteristics:
Medical Malpractice
Birth defects can trigger an array of mental or physical issues. Certain birth defects could cause death. Some of these issues are caused by genetics, while others are due to exposure to environmental factors or the usage of prescription drugs during pregnancy.
A medical professional or doctor could be convicted of malpractice when they cause a birth defect through their actions or inaction. The most common cases involve medical negligence during the birth or labor process. They may also involve any act of failure to act which falls below a standard of medical care, for example not diagnosing an illness or prescribing incorrect medication during pregnancy.
One of these cases involves the teratogens. These medications can lead to serious birth defects. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If women are exposed to the drug then she must submit an action.
It is important to select an attorney with experience handling these types of cases. It is best to choose a firm that has experience in this field and operates on contingency basis, which means you don't have to pay anything until you win. Find an attorney who has an excellent ability to communicate and negotiate. This will ensure that you submit your claim before the time limit expires.
Prescription Drugs
A variety of birth defects cause mental or physical disabilities that require costly medical treatment and accommodations for the child. These disorders are usually genetic, but can also be caused by environmental or chemical exposure or medication taken by the mother during pregnancy.
Drug makers are required to ensure that their products are tested properly and inform the public about the potential dangers. Unfortunately some pharmaceutical companies are not keeping up-to-date with the latest research or fail to anticipate possible side effects. Moreover, doctors may prescribe dangerous drugs to their patients and women may not receive adequate information on the dangers of taking certain drugs during pregnancy. These drugs, known as teratogens can cause birth defects such as spina-bifida that can occur in the fetus.
Other substances that may cause birth defects are chemicals used in manufacturing and agriculture and heavy metals such as mercury, which are contaminating the groundwater or air. Diane Paolicelli's legal career is focused on combating powerful corporations that expose women to toxic chemicals and substances that could damage their reproductive health or lead to birth defects.
It is crucial to collect as all evidence you can before filing a lawsuit against the parties accountable. This includes any ultrasound images, blood tests and medical bills that arise because of the birth defect. This allows the attorney to determine the financial worth of the case.
Product Liability
Pregnancy can be one of the most exciting, yet nerve-wracking experiences in the life of a woman. But it's also a time when many medical professionals make mistakes that could lead to birth defects. An experienced attorney can assist parents bring a lawsuit against those responsible for their child's disability and acquire the compensation they deserve.
Medical experts are not always able to determine the exact cause of birth defects, however a large number can be attributable to environmental or chemical exposure. This can include parental contact with toxic chemicals at the workplace, like solvents and glycol ethers used in semiconductor manufacturing, and agricultural chemicals used for pesticides and crop spraying.
Additionally, the manufacturers and those who prescribe prescription medications are required to inform patients of the risks. A large number of these drugs is marketed to women who are pregnant without warnings of the potential for birth defect attorney birth defects. This is particularly the case with 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 is centered around cases where birth defects result from exposure to toxic chemicals in the home by parents, such as those used in semiconductor manufacturing or agricultural. He is a graduate from the American University in Washington, D.C. as well as Suffolk University Law School.