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Birth Defect Litigation
Certain injuries are beyond the parents in their control. If these injuries require special treatment and costly procedures, it can cause families to be faced with massive costs.
A New York birth defect lawyer can assist parents in filing claims and receive compensation to pay for future expenses. However, the law has strict time limitations on when a claim should be filed.
Statute of limitations
Modern medical technology and advances have helped to reduce risks that are associated with childbirth, pregnancy and birth. Birth defects and injuries do still occur. If they're preventable families must explore their legal options.
Many birth defect lawsuits are based upon allegations of medical malpractice. These lawsuits can be based on mistakes committed by nurses or doctors at any point during the labor and birth procedures. Medical professionals can also be negligent following the birth of a child in the event that they fail to provide appropriate treatment.
In general, the statutes of limitation for these cases is 2.5 years after the date of the medical malpractice. This time period is extended for infants. However, it is important to seek legal counsel as soon as you can to ensure that all evidence is obtained and that a timely claim 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 them in a lawsuit involving birth defects or birth injuries:
Medical Malpractice
Birth defects can cause an array of physical or mental problems. Some of them can be fatal. Some of these problems are inherited, whereas others are caused by exposure to environmental factors or the use of prescription drugs during pregnancy.
Medical professionals or doctors could be convicted of malpractice when they cause birth defects through their actions or inaction. These cases usually are due to medical negligence during labor or delivery. They may also involve any other act which falls below a standard of medical care, for example the failure to diagnose an illness or prescribing incorrect medication during pregnancy.
One example of this type of case involves a medication called teratogens. It 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 a woman who is pregnant is exposed to this drug, she should file an insurance claim.
It is essential to select an attorney with experience handling these kinds of cases. You should choose an attorney with years of experience in this field and works on contingency, so you won't be charged anything until you are successful. Look for an attorney with excellent communication and negotiation skills. This will help ensure that you submit your claim before the statute of limitations expires.
Prescription Drugs
Many birth defects result in physical or mental disabilities that require costly medical treatment and accommodations for the child. Most often, these disorders are genetic, but some of them are caused by environmental or chemical exposure, or medications that the mother took during pregnancy.
Drug manufacturers are required to ensure that their products are tested properly and inform the public about any potential dangers. Unfortunately, some pharmaceutical companies are not keeping up to date with the latest research or fail to anticipate possible adverse consequences. Certain doctors prescribe dangerous medications to their patients and some women are not informed about the dangers associated with using certain drugs during pregnancy. These are known as teratogens. They can cause birth defects in the fetus including spina Bifida.
Other substances that may cause Arlington birth Defect law firm defects include chemicals used in agriculture and manufacturing, as well as heavy metals such as mercury, which are contaminating the air or groundwater. Diane Paolicelli's career in law has been focused on combating powerful corporations that expose women to harmful chemicals and substances that could cause harm to their reproductive health and cause birth defects.
It is important to collect as the evidence you can before making a claim against the parties responsible. This includes any ultrasound scans, blood tests and medical bills that arise due to the belle isle birth defect law firm defect. This will help the attorney determine the monetary worth of the case.
Product Liability
Pregnancy can be one of the most exciting, but stressful experiences in women's lives. However, it's also a time where medical professionals often make mistakes that can cause birth defects. An experienced attorney can help parents in submitting an action and obtaining the amount they deserve from the people responsible for the disabilities of their child.
Medical professionals aren't always able of determining the specific cause of birth defects, however most of them can be caused by environmental or chemical exposure. This can be due to exposure by parents to toxic chemicals in the workplace such as solvents and hereford birth defect attorney glycol ethers in semiconductor manufacturing, and agricultural chemicals used in crop spraying and pesticides.
Additionally, the manufacturers and those who prescribe prescription drugs are required to inform patients of the risks. A large number of these drugs is marketed to women who are pregnant, without warnings of the potential for birth defects. This is particularly 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. His practice is centered around cases involving the development of birth defects resulting from parental exposure to toxic chemicals, which includes those used in semiconductor manufacturing as well as agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.