14 Questions You Shouldn t Be Anxious To Ask Birth Defect Legal
Birth Defect Litigation
Some injuries are beyond the parents in their control. Families may be left with a large bill when injuries require expensive procedures and special attention.
A New York birth defect lawyer (m.042-527-9574.1004114.co.kr) can assist parents in filing an appeal and obtain compensation to cover the cost of 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 of childbirth and pregnancy. However, birth defects and injuries continue to occur. Families need to consider their legal options when they are preventable.
Many birth defect lawsuits stem from allegations of medical malpractice. These cases could involve mistakes made by nurses or doctors at any point in the labor and birth procedures. Medical professionals can also commit malpractice after the birth of a child if they fail provide proper treatment.
In general, the statutes of limitation for these cases is 2.5 years after the date of the medical error. For infants, this time period can be extended. It is nevertheless important to seek legal advice as soon as you can to ensure that all evidence is collected and that a timely claim be filed.
In addition to medical malpractice, a suit may also be filed on behalf of an infant for birth defects resulting from improper toxic and chemical exposures that occur during the mother's pregnancy. Specially trained birth defect lawyers can investigate and defend these claims on behalf of the family.
Parents should think about the following aspects when choosing an attorney to represent them in a suit for birth defects or birth injuries:
Medical Malpractice
Birth defects can cause numerous mental or physical problems. Certain birth defects could be fatal. Some of these problems are inherited, whereas others are due to environmental exposures or the use of prescription drugs during pregnancy.
A doctor or medical professional could be convicted of malpractice in the event of causing birth defects through their actions or inaction. The majority of these cases are based on medical negligence in labor or delivery. However, they may also include any act or failure to act that is not in the range of the medical standard of care, such as failing to diagnose a problem or prescribing the wrong medication during pregnancy.
One example of this type of situation is a drug called teratogens. It can cause serious birth defects. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If a woman is exposed to the drug, she must make a claim.
It is essential to choose an attorney who has prior experience in these types of cases. You should look for an attorney with expertise in this area and works on contingency, so you won't have to pay any fees until you win. Look for an attorney who has outstanding negotiation and communication skills. This can 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. These conditions are often genetic, but can also be caused by chemical or environmental exposure or medication taken by the mother during pregnancy.
Drug makers are required to test their products properly and inform the public about any potential dangers. Unfortunately certain pharmaceutical companies do not keep up with the latest research or anticipate potential side consequences. Certain doctors prescribe dangerous medications to their patients, and birth Defect lawyer some women aren't aware of the risks of taking certain drugs while pregnant. These are known as teratogens, and they can cause birth defects in the fetus, including spina Bifida.
Other substances that could cause birth defects are chemicals employed in the production and agricultural industries, as well as heavy metals such as mercury, which are contaminating the groundwater and air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women to toxic chemicals and other substances that harm their reproductive health and lead to birth defects.
When filing an action against the parties responsible for your child's condition it is essential to gather as much evidence as you can. Included in this are any ultrasound images as well as blood tests and medical bills that are incurred due to. This allows the attorney to determine the value of the case.
Product Liability
Pregnancy is one of the most exciting and nerve-wracking times in a woman's life. It's also a time where medical professionals are prone to making mistakes that cause birth defects. An experienced attorney can help parents make a claim against those responsible for their child's condition and get the justice they deserve.
Medical experts are not always able to pinpoint the root of birth defects, however the majority of them can be attributable to environmental or chemical exposure. This could be due to contact by parents with toxic chemicals at the workplace, birth defect lawyer for example solvents and glycol ethers used in semiconductor manufacturing, and agricultural chemicals used for pesticides and spraying of crops.
In addition, the manufacturer and those who prescribe prescription medicines have a responsibility to inform people about the risks. A significant portion of these drugs are offered to women who are expecting without warnings of the possibility of 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. He concentrates his practice on cases that involve the occurrence of birth defects caused by exposure of parents to toxic chemicals, such as those used in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.