14 Questions You Might Be Afraid To Ask About Birth Defect Legal
Birth Defect Litigation
Some injuries are beyond the parents of their control. Families could be faced with huge bills when these injuries require costly procedures and special care.
A New York birth defect attorney can help parents in shock file an appeal to be compensated for future expenses. However, the law imposes strict deadlines for the time a claim has to be filed.
Statute of limitations
Modern technology and medical advancements have reduced the risks related to pregnancy, childbirth and birth. However birth defects and injuries do occur. When they are preventable, families must consider their legal options.
Many birth defect lawsuits are based upon allegations of medical malpractice. These cases could involve mistakes committed by nurses or doctors at any point in the pregnancy, labor and delivery procedures. Additionally medical professionals may be guilty of medical malpractice after the birth of a child in the event that they fail to provide the proper treatment.
In general, the statutes of limitations in these cases is 2.5 years from the date of the medical error. This time period can be extended for infants. But, it is crucial to seek legal advice early enough to ensure that all evidence has been collected and that a timely claim can be filed.
A lawsuit may be filed on behalf of a baby for birth defects that are caused by toxic and chemical exposures during pregnancy. Lawyers specially trained in birth defects are able to investigate these claims and bring them to trial on behalf of the family.
When choosing an attorney to represent them in a birth injury or defect lawsuit parents should look for the following characteristics:
Medical Malpractice
Birth defects can lead to various mental and physical issues. Some may even be fatal. Some of these issues may be caused by genetics, while others are caused by exposure to environmental factors or prescription drugs taken during pregnancy.
Medical professionals or doctors may be accused of malpractice when they cause birth defects due to their actions or inaction. These cases typically are based on medical negligence during labor or delivery. They can also include any other do something that is below the standard of medical care, like failing to recognize an illness or prescribing the wrong medication during pregnancy.
One example involves teratogens. These drugs can result in birth defects that are serious. Doctors usually 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 make an insurance claim.
It is crucial to select an attorney who has handled these types of cases. You should choose an attorney with expertise in this area and is based on contingency, meaning that you don't pay anything until you are successful. Look for an attorney who has great negotiation and communication skills. This will help ensure that your claim is filed before the time limit expires.
Prescription Drugs
Many birth defects result in physical or mental disabilities that require expensive medical treatment and accommodations for the child. These conditions are often genetic, but they can also be caused by environmental or chemical exposure, or by medications taken by the mother during pregnancy.
Pharmaceutical manufacturers are required to test their products thoroughly and inform the public about any risks that could be present. Sadly many pharmaceutical companies fail to keep up with research or anticipate the potential adverse consequences. Some doctors prescribe dangerous drugs to their patients. Moreover, some women aren't aware of the dangers associated with taking certain medications while pregnant. These drugs are known as teratogens and can cause birth defect lawyers defects within the fetus. This includes spina Bifida.
Other substances that can cause birth defects include chemicals used in agriculture and manufacturing and heavy metals like mercury that are contaminating groundwater or air. Diane Paolicelli's legal career has been dedicated to fighting powerful corporations that expose women to toxic chemicals and substances that can affect their reproductive health or lead to birth defects.
When bringing lawsuits against the parties accountable for birth defect law firms your child's condition it is crucial to gather as much evidence as you can. Included in this are ultrasound images as well as blood tests and medical bills that are incurred due to. This information can help the attorney assess the worth of the case.
Product Liability
Pregnancy can be one of the most exciting, and stressful experiences in women's lives. It's also a time when medical professionals are prone to making mistakes that result in birth defects. A top attorney can assist parents in submitting an action and obtaining the money they deserve from the people responsible for the disabilities of their child.
Although the causes of birth defects are generally unknown to medical professionals, a significant number can be attributed to exposure to chemicals or environmental causes. This may include contact by parents with toxic chemicals in the workplace, such as glycol ethers and solvents that are used in semiconductor manufacturing, and agricultural chemicals used for pesticides as well as spraying crops.
In addition, manufacturers and those who prescribe prescription drugs are required to inform consumers of the dangers. A majority of these drugs are offered to pregnant women without warnings of the potential for birth defects. This is particularly relevant for antidepressants like Prozac and Zoloft.
Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. He focuses his practice on cases involving the occurrence of birth defects resulting from parental exposure to toxic chemicals such as those used in semiconductor manufacturing and agriculture. He is a graduate from the American University in Washington, D.C. and Suffolk University Law School.