20 Great Tweets From All Time Concerning Birth Defect Legal
Birth Defect Litigation
Some injuries are beyond the parents of their control. Families can be left with a large bill when injuries require costly procedures and specialized care.
A New York birth defect lawyer can assist parents in filing an appeal and obtain compensation to cover the cost of future expenses. However, the law imposes strict deadlines for when a claim needs to be filed.
Statute of Limitations
Modern medical technology and advances have aided in reducing the risks associated with pregnancy, childbirth and birth. However, birth defects and injuries still occur. Families need to explore their legal options if they can be prevented.
Many birth defect lawsuits are based on allegations of medical malpractice. These cases can involve errors made by nurses or doctors at any point during the pregnancy, labor and delivery processes. In addition medical professionals could be guilty of medical malpractice after a child's birth by failing to provide proper treatment.
In general the statute of limitations in these cases is 2.5 years after the date of the medical negligence. The time limit is extended for infants. It is nevertheless important to seek legal counsel as soon as you can to ensure that all evidence is gathered and that a timely claim be filed.
In addition to medical malpractice, a suit can also be filed on behalf of a baby for birth defects caused by improper toxic and chemical exposures that occur during the mother's pregnancy. Specially trained birth defect lawyers can investigate and bring these cases on behalf of the family.
When choosing an attorney to represent them in a birth injury or defect lawsuit parents should be looking for the following qualities:
Medical Malpractice
Birth defects can cause a variety of mental and physical ailments. Some of them can be fatal. Some of these issues could be genetic, while others are caused by exposure to environmental factors or prescription drugs used during pregnancy.
A doctor or medical professional can be accused of negligence when they cause birth defects by their actions or inaction. These cases typically involve medical negligence during labor or delivery. However, they may also include any act or failure to act that is in violation of a medical standard of care, such as failing to diagnose a problem or prescribing the wrong medicine during pregnancy.
One such case involves the teratogens. These drugs can cause birth defects that are serious. Doctors usually advise women not to take this medication during pregnancy. It is used to treat seizures. If an individual is exposed to the drug she must file a claim.
It is essential to choose an attorney with previous experience in these cases. You should seek out an attorney who has years of experience in this field and works on contingency, so you don't have to pay anything until you are successful. Find an attorney who has great negotiation and communication skills. This will help ensure that your claim is filed before the statute of limitations expires.
Prescription Drugs
Many birth defects result in mental or physical disabilities, that require costly medical treatment and accommodations for the child. These disorders are usually genetic, but they may also be caused by environmental or chemical exposure or the use of medications by the mother during pregnancy.
Pharmaceutical manufacturers are required to ensure that their products are tested properly and inform the public of any potential risks. Unfortunately many pharmaceutical companies do not keep up with research or anticipate the potential adverse consequences. Additionally, doctors can prescribe dangerous drugs to their patients and some women do not receive adequate information on the risks of taking certain medications during pregnancy. These drugs, also known as teratogens, may cause birth defects, including spina-bifida that can occur in the fetus.
Other substances that could cause birth defects are chemicals employed in the production and agricultural industries and heavy metals such as mercury that are contaminating groundwater or the 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.
When bringing lawsuits against the parties that are accountable for your child's health it is crucial to gather the most evidence you can. This includes any ultrasound images, blood tests, and medical bills incurred because of the birth defect. This assists the attorney in determining the value of the case.
Product Liability
Pregnancy is among the most thrilling and stressful events in a woman's lifetime. It's also a time when many medical professionals make mistakes that could lead to birth defect attorney defects. An experienced attorney can assist parents file a claim against those responsible for their child's disability and acquire the amount of compensation they deserve.
Although the causes of birth defects are often not understood by medical professionals but a large proportion of birth defects are linked to exposure to chemicals or environmental causes. This can include parental contact with toxic chemicals in the workplace, such as glycol ethers and solvents that are used in semiconductor manufacturing as well as agricultural chemicals used for pesticides as well as spraying on crops.
Furthermore, manufacturers and those who prescribe prescription medicines must inform consumers of the dangers. A majority of these drugs is marketed to women who are pregnant without warnings of the potential for birth defects. 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 chemical and pharmaceutical companies. He concentrates his practice on cases involving the occurrence of birth defects resulting from exposure of parents to toxic chemicals, including those in semiconductor manufacturing and agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.