11 Creative Methods To Write About Birth Defect Legal
Birth Defect Litigation
Certain injuries are beyond the parents in their control. Families can be left with huge debts when these injuries require costly procedures and special attention.
A New York birth defect lawyer can assist parents who are shocked to file a claim and get compensation to pay for future expenses. However, the law puts strict time limitations on when a claim should be filed.
Statute of limitations
Modern medical technology and advances have made it possible to reduce the risks related to pregnancy, birth defect lawsuits childbirth and birth. Birth defects and injuries do still occur. Families need to explore their legal options if they are preventable.
Many birth defect lawsuits are founded on allegations of medical malpractice. These cases can involve errors committed by nurses or doctors at any point during the labor and delivery procedures. In addition, medical professionals can commit medical malpractice after the birth of a baby if they fail to provide the proper treatment.
In general the statute of limitations in these cases are 2.5 years from the date of the medical error. For infants, this is sometimes extended. It is essential to talk with a lawyer early enough to ensure that all the evidence is collected, and that a timely complaint can be filed.
In addition to medical malpractice, a suit can also be brought on behalf of an infant for birth defects caused by wrongful toxic and chemical exposures that take place during the mother's pregnancy. Specially trained birth defect lawyers are able to investigate these claims and pursue them on behalf of the family.
When selecting an attorney for a birth injury or defect lawsuit, parents should look for the following qualities:
Medical Malpractice
Birth defects can cause various mental and physical issues. Some of them can be fatal. Some of these issues are genetic, but others are caused by exposure to environmental factors or the usage of prescription drugs during pregnancy.
A doctor or medical professional could be accused of malpractice when they cause birth defects through their actions or inaction. These cases usually are caused by medical negligence during labor or delivery. However, they could also be a result of any action or failure to act in excess of a medical standard of care, such as failing to diagnose a condition or prescribing the wrong medication during pregnancy.
One instance of situation involves a drug called teratogens. It can cause birth defects that are serious. Doctors typically advise women not to take this medication during pregnancy. It is used to treat seizures. If a pregnant woman is exposed to this medication, she must submit a claim.
It is essential to choose an attorney who has expertise in these kinds of cases. It is best to choose an attorney who has years of experience in this field and is based on contingency, meaning that you won't be charged anything until you win. Look for an attorney with an excellent ability to communicate and negotiate. This will help ensure that your claim is filed before the time limit 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 inherited, but a few of them can be caused by environmental or chemical exposure, or the medications the mother was taking during pregnancy.
Drug manufacturers are required to test their products correctly and inform the public of any potential risks. Unfortunately, some pharmaceutical companies don't keep up-to-date with the latest research or fail to anticipate possible adverse consequences. Some doctors prescribe dangerous drugs to their patients, and some women are not aware of the dangers associated with taking certain drugs while pregnant. These drugs, also known as teratogens, can cause birth defects, including spina-bifida in the fetus.
Other substances that could cause birth defects are the chemicals used in the agricultural and manufacturing industries, and heavy metals like mercury which can contaminate groundwater or air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women to harmful chemicals and substances that can affect their reproductive health and lead to birth defects.
It is crucial to collect as many evidences as you can prior to filing a suit against the parties accountable. Included in this are ultrasound images and blood tests as well as medical bills that are incurred as a result. This will help the attorney determine the financial value of the case.
Product Liability
Pregnancy is among the most exciting and nerve-wracking experiences in a woman's lifetime. But it's also a time when medical professionals can make mistakes that can cause birth defects. An experienced attorney can help parents in filing an action and obtaining the money they deserve from those responsible for the disability of their child.
Medical experts aren't always able to determine the exact cause of birth defects, but most of them can be caused by environmental or chemical exposure. This can be due to exposure by parents to harmful chemicals at work, such as glycol ethers and solvents in semiconductor manufacturing, as well as agricultural chemicals used for pesticides and crop spraying.
The manufacturers and the people who prescribe medications are also required to inform people about the dangers. However, a significant portion of these medications are sold off-label to women of childbearing age without adequate warnings about the possibility of birth defects. This is particularly applicable to antidepressants, such as Prozac and Zoloft.
Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. He concentrates his practice on cases involving the development of birth defects resulting from parental exposure to toxic chemicals, such as the ones used in semiconductor manufacturing and agriculture. He is a graduate of the American University in Washington, D.C., and Suffolk University Law School.