15 Reasons You Shouldn t Overlook Birth Defect Legal
Birth Defect Litigation
Certain injuries are beyond the parents' control. Families could be faced with huge debts when these injuries require costly procedures and special care.
A New York birth defect attorney can help parents who are in shock file an action to receive compensation for future expenses. The law has strict time limits on when claims can be filed.
Statute of limitations
Modern technology and medical advancements have made it possible to reduce the risks associated with pregnancy, childbirth and birth. Birth defects and injuries do continue to occur. Families must consider their legal options when they are preventable.
Many birth defect lawsuits are founded on allegations of medical malpractice. These cases can involve mistakes made by doctors or nursing staff at any point during labor, pregnancy and birth. In addition, medical professionals can commit medical malpractice following the birth of a child, by failing to provide the proper treatment.
Generally, the statute of limitations in these cases is 2.5 years from the date of the occurrence of medical negligence. For infants, the time is sometimes extended. However, it is important to seek legal counsel as soon as you can to ensure that all evidence has been collected and that a timely claim can be filed.
In addition to medical malpractice, birth defect Lawsuit a suit may also be filed on behalf of an infant for birth defects caused by improper exposure to chemicals and toxic substances that occur during a mother's 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 be looking for the following characteristics:
Medical Malpractice
Birth defects can lead to various physical and mental problems. Certain birth defects can cause death. Certain of these problems could be genetic while others are triggered by exposure to the environment or prescription drugs taken during pregnancy.
A medical professional or doctor could be accused of malpractice in the event of causing birth defects by their actions or inaction. These cases usually are based on medical negligence in labor or delivery. They can also be a result of any act which falls below a standard of medical care, for example failing to recognize an illness or prescribing the wrong medication during pregnancy.
One such type of case involves a medication called teratogens. This medication can cause serious birth defects. In the course of pregnancy, doctors generally advise women to stay clear of this medication, which is used to treat seizures. If a pregnant woman is exposed to this medication, she must submit a claim.
It is essential to select an attorney who is experienced in handling these kinds of cases. You should look for a firm with expertise in this area and is on contingency, which means you don't have to pay anything until you win. Find 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 costly medical treatment and accommodations for the child. Most of the time, these issues are genetic, but some can be caused by environmental or chemical exposure, or the medications the mother took while pregnant.
Drug manufacturers are required to ensure that their products are tested properly and inform consumers of any risks. Unfortunately, some pharmaceutical companies fail to keep up with the latest research or anticipate potential side effects. In addition, doctors can prescribe dangerous medications to their patients and women may not receive the correct information regarding the dangers of taking certain medications during pregnancy. These drugs, also known as teratogens, can cause birth defects such as spina-bifida that can occur in the fetus.
Other substances that could cause birth defects include chemicals employed in the production and agricultural industries as well as heavy metals like mercury, which are contaminating the air or groundwater. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women chemicals and substances that damage their reproductive health and cause birth defects.
If you are filing a lawsuit against the parties accountable for your child's condition It is crucial to gather as much evidence as you can. This includes blood tests, ultrasound images, and medical bills that came up due to the birth defect. This allows the attorney to determine the financial worth of the case.
Product Liability
Pregnancy is among the most exciting, yet anxious experiences of women's lives. It's also the time when medical professionals can make mistakes that result in birth defects. An experienced attorney can help parents in filing claims and getting the compensation they deserve from those who are responsible for the impairment of their child.
Although the causes of birth defects are generally unknown to medical professionals, a significant number can be linked to exposure to chemicals or environmental causes. This may include contact by parents with toxic chemicals at the workplace, like solvents and glycol ethers used in semiconductor manufacturing and agricultural chemicals used for pesticides as well as crop spraying.
Manufacturers and those who prescribe medication are also required to warn the public about their risks. A significant portion of these medications are sold to women who are pregnant without warnings about the possibility of Birth defect lawsuit defect. This is especially applicable to antidepressants such Prozac and Zoloft.
Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. His practice focuses on cases involving the development of birth defects due to parental exposure to toxic chemicals, which includes those used in semiconductor manufacturing and agriculture. He is a graduate from the American University in Washington, D.C. and Suffolk University Law School.