15 Gifts For The Birth Defect Legal Lover In Your Life
Birth Defect Litigation
Some injuries are beyond the parents or their control. Families are left with a huge bill when injuries require expensive procedures and specialized care.
A New York birth defect lawyer can assist parents who are shocked to file a claim and get compensation to cover future costs. However, the law has strict deadlines on when a claim should be filed.
Statute of Limitations
Modern medical technology and advancements in medical science have aided in reducing the risks related to pregnancy, childbirth and birth. However, birth defects and injuries still occur. Families should consider their legal options if they are preventable.
Many birth defect lawsuits are based on allegations of medical malpractice. These cases may involve errors committed by nurses or doctors staff at any stage of labor, birth and pregnancy. Medical professionals may also be negligent following the birth of a child in the event that they fail to provide appropriate treatment.
In general the statute of limitations in these cases are 2.5 years from the date of the medical negligence. For infants, this period may be extended. It is crucial to consult a lawyer as soon as you can to ensure that all evidence is gathered, and that a timely complaint can be filed.
A lawsuit may be filed on behalf of a child for birth defects caused by chemical and toxic exposures during pregnancy. Specially trained birth defect lawyers can investigate and prosecute these claims on behalf of the family.
When selecting an attorney for a birth defect or birth injury lawsuit parents should be looking for the following characteristics:
Medical Malpractice
Birth defects can lead to numerous physical or mental problems. Some may even be fatal. Some of these issues are inherited, whereas others are due to exposure to environmental factors or the use of prescription drugs during pregnancy.
A medical professional or doctor may be accused of negligence if they cause birth defects by their actions or inaction. These cases are usually based on medical negligence in delivery or labor. However, they could also be a result of any action or failure to act that is not in the range of the medical standard of care, like failing to recognize a medical issue or prescribing the wrong medication during pregnancy.
One example is involving teratogens. These drugs can cause birth defects that are serious. Doctors typically advise women to take this medication during pregnancy. It is used to treat seizures. If a woman who is pregnant is exposed to this medication, she must file an insurance claim.
It is essential to select an attorney who has handled these kinds of cases. You should seek out an attorney with expertise in this area 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 make your claim in time before the time limit expires.
Prescription Drugs
Many birth defects can cause physical or mental disabilities that require costly medical treatment and accommodations for the child. Often, these conditions are genetically inherited, but some of them may be caused by chemical or environmental exposure, or by medications the mother took during pregnancy.
Pharmaceutical manufacturers are required to test their products correctly and warn the public of any potential dangers. Unfortunately many pharmaceutical companies do not keep up with research or anticipate possible side consequences. Some doctors prescribe dangerous drugs to their patients and some women aren't aware of the risks of taking certain drugs while pregnant. These drugs, known as teratogens, can cause birth defects, such as spina-bifida, which is a birth defect in the fe.
Other substances that could cause birth defects are chemicals used in the manufacturing and agricultural 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 toxic chemicals and substances that could affect their reproductive health and cause birth defects.
If you are filing lawsuits against the people who are responsible for your child's illness, it is important to gather as much evidence as you can. This includes ultrasound images, blood tests, and medical bills incurred because of the birth defect. This assists the attorney in determining the financial value of the case.
Product Liability
Pregnancy is among the most exciting, but nerve-wracking experiences in women's lives. But it's also a period where many medical professionals make mistakes that could lead to birth defects. An experienced attorney can help parents make a claim against those accountable for their child's handicap and acquire the amount of compensation they deserve.
While the causes of birth defects are typically unknown to medical experts however, many of them are linked to environmental or chemical exposure. This may include contact by parents with toxic chemicals in the workplace, like glycolethers and solvents utilized in semiconductor manufacturing as well as agricultural chemicals used for pesticides and spraying crops.
In addition, manufacturers and those who prescribe prescription drugs are required to inform patients of the risks. However, a significant portion of these medications are sold off-label to women of childbearing age without proper warnings about the possibility of birth defect lawsuit defects. This is especially the case with 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 where birth defect law firms defects result from exposure of parents to toxic chemicals like those used in the manufacture of semiconductors or in agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.