20 Tools That Will Make You Better At Birth Defect Legal
Birth Defect Litigation
Some injuries are out of the parents' control. If injuries that result from these accidents require special treatment and expensive procedures, it could cause families to incur huge costs.
A New York birth defect lawsuit defect lawyer can help stunned parents file an appeal and obtain compensation to cover the cost of future expenses. The law has strict deadlines on when a claim may be filed.
Statute of Limitations
Modern technology and medical advances have reduced the risks related to pregnancy, childbirth and birth. However, birth defects and injuries can still occur. If they're preventable, families must explore their legal options.
Many birth defect lawsuits are founded on allegations of medical malpractice. These lawsuits can result from mistakes made by nurses or doctors staff at any point during the birth process, including labor and pregnancy. Medical professionals may also be guilty of malpractice following the birth of a baby when they fail to provide the proper treatment.
In general, the statutes of limitations in these cases are 2.5 years after the date of the medical malpractice. This time frame may be extended for infants. It is important to consult an attorney as soon as you can to ensure that all the evidence is collected, and that a timely complaint can be filed.
A lawsuit may be filed on behalf of a child in relation to birth defects that are caused by chemical and toxic exposures during the pregnancy. Specially trained birth defect lawyers can investigate and defend these claims on behalf of the family.
Parents should consider the following aspects when choosing an attorney to represent their interests in a lawsuit filed for birth defects or birth injuries:
Medical Malpractice
Birth defects can cause various physical and mental problems. Some of them could be fatal. Certain of these problems could be genetic while others are triggered through exposure to the environment or prescription drugs taken during pregnancy.
A medical professional or doctor could be convicted of malpractice when they cause birth defects by their actions or inaction. These cases typically involve medical negligence during labor or delivery. They may also involve any act of failure to be in compliance with a standard of medical treatment, for instance not diagnosing an illness or prescribing the wrong medication during pregnancy.
One example is involving the teratogens. These drugs can result in birth defects that are serious. When pregnant, doctors usually advise women to avoid taking this medication, which is used to treat seizures. If a woman who is pregnant is exposed to this drug, she should submit a claim.
It is crucial to select an attorney who has experience in handling these kinds of cases. You should look for an attorney who has experience in this field and works on contingency, so you won't be charged anything until you are successful. Look for an attorney who has great negotiation and communication skills. This can help ensure that your claim is filed before the time for filing expires.
Prescription Drugs
Many birth defects result in physical or mental disabilities that require costly medical treatment and accommodations for the child. These conditions are often genetic, but they can also be caused by chemical or environmental exposure or the use of medications by the mother during pregnancy.
Pharmaceutical companies are required to test their products thoroughly and inform the public about any potential dangers. Unfortunately some pharmaceutical companies fail to keep up-to-date with the latest research or fail to anticipate possible adverse consequences. Some doctors recommend dangerous drugs to their patients, and some women are not informed about the dangers associated with taking certain medications during pregnancy. These medications, also known as teratogens may cause birth defect attorney defects, such as spina-bifida, which is a birth defect in the fe.
Other substances that may cause birth defects are chemicals that are used in manufacturing and birth Defect lawsuit agriculture as well as heavy metals like mercury that are contaminating groundwater or the air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women to harmful chemicals and substances that could affect their reproductive health and lead to birth defects.
It is crucial to gather as the evidence you can prior to making a claim against the party responsible. This includes blood tests, ultrasound images, and medical bills that arise because of the birth defect. This information can help attorneys determine the worth of the case.
Product Liability
Pregnancy is among the most thrilling and stressful moments in a woman's life. However, it's also a time where medical professionals often make mistakes that could lead to birth defects. A top attorney can assist parents in filing an action and obtaining the compensation they deserve from those responsible for the disability of their child.
While the causes of birth defects are often unknown to medical experts, 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, for example glycol ethers and solvents used in semiconductor manufacturing as well as agricultural chemicals used for pesticides and spraying on crops.
Manufacturers and those who prescribe medicines also have a duty to warn the public about the risks. A majority of these drugs are offered to pregnant women without warnings about the risk of birth defects. This is especially applicable to antidepressants, such as 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 where birth defects result from exposure to toxic chemicals by parents, such as those employed in the manufacture of semiconductors or in agriculture. He is a graduate from the American University in Washington, D.C., and Suffolk University Law School.