20 Resources That Will Make You Better At Birth Defect Legal
Birth Defect Litigation
Parents want perfect babies However, some injuries occur beyond their control. If these injuries require special medical attention and expensive procedures, it could cause families to be faced with massive costs.
A New York birth defect lawyer can assist parents who are shocked to file claims and receive compensation to cover future expenses. However, the law imposes strict time limitations on when a claim must be filed.
Statute of limitations
Modern medical technology and advances have made it possible to reduce the risks that are associated with childbirth, pregnancy and birth. Birth defects and birth defect lawyers injuries do persist. When they are preventable, families should consider their legal options.
Many birth defect suits are stemming from allegations of medical malpractice that occurred. These cases can involve mistakes committed by nurses or doctors staff at any stage of pregnancy, labor and birth. Additionally medical professionals can be guilty of medical malpractice following the birth of a child, by failing to provide the correct treatment.
Generally speaking, the time limit for these cases is 2.5 years from the date of the occurrence of medical negligence. This time period can be extended for infants. It is essential to talk with an attorney early enough to ensure that all the evidence is collected and that a timely complaint can be filed.
A lawsuit can be filed on behalf of a child for birth defects that are caused by chemical and toxic exposures during the pregnancy. Specially trained birth defect lawyers can investigate and pursue these claims on behalf of the family.
Parents should take into consideration the following characteristics when choosing an attorney to represent them in a lawsuit for birth defect or injury:
Medical Malpractice
Birth defects can cause various mental and physical ailments. Some may even be fatal. Some of these issues are inherited, whereas others are due to environmental exposures or the use of prescribed drugs during pregnancy.
A medical professional or doctor could be convicted of malpractice when they cause birth defects by their actions or inaction. These cases are usually based on medical negligence in labor or delivery. However, they may also be a result of any action or failure to act that is in violation of the medical standard of care, for instance, not diagnosing a medical condition or prescribing the wrong medication during pregnancy.
One example is involving teratogens. These medications can lead to 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 important to select an attorney who has experience in handling these types of cases. It is best to choose a firm that has expertise in this area and works on contingency, so you don't pay nothing until you win. Look for an attorney with an excellent ability to communicate and negotiate. This will help ensure that your claim is filed before the time for filing expires.
Prescription Drugs
Many birth defects can cause physical or mental disabilities that require costly medical treatment and accommodations for the child. These disorders are usually genetic, but they can also be caused by chemical or environmental exposure or medication taken by the mother during pregnancy.
Drug makers are required to thoroughly test their products and warn consumers about any potential risks. Unfortunately certain pharmaceutical companies do not keep up with the latest research or anticipate potential side effects. Certain doctors prescribe dangerous medications to their patients. Moreover, some women are not aware of the risks of using certain drugs during pregnancy. These drugs, known as teratogens, can cause birth defects, including spina-bifida, in the fetus.
Other substances that could cause birth defects are the chemicals used in the agricultural and manufacturing industries, as well as heavy metals like mercury which pollute groundwater and air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women chemicals and other substances that cause harm to their reproductive health and cause birth defects.
It is crucial to gather as much evidence as you can prior to making a claim against the parties accountable. This includes any ultrasound scans, birth defect Lawyers blood tests and medical bills incurred due to the birth defect. This information assists the attorney determine the worth of the case.
Product Liability
Pregnancy can be one of the most exciting, and nerve-wracking experiences in a woman's lifetime. It's also a time where medical professionals make mistakes that can lead to birth defects. An experienced attorney can help parents in submitting a claim and obtaining the money they deserve from those who are responsible for the impairment of their child.
While the causes of birth defects are often not understood by medical professionals however, a significant proportion are linked with exposure to chemicals or the environment. This could include exposure of parents to toxic chemicals in the workplace such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used in spraying crops and pesticides.
Additionally, the manufacturers and those who prescribe prescription medications have a responsibility to inform people of their risks. Yet, a large percentage of these drugs are marketed off-label for women of childbearing age, without warnings about the potential for birth defects. This is particularly 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. He focuses his practice on cases involving the development of birth defects resulting from exposure of parents to toxic chemicals such as those in semiconductor manufacturing and agriculture. He graduated of the American University in Washington, D.C., and Suffolk University Law School.