Buzzwords De-Buzzed: 10 Other Methods To Say Birth Defect Legal
Birth Defect Litigation
Some injuries are out of the parents or their control. If these injuries require special care and costly procedures, it could cause families to incur huge costs.
A New York birth defect attorney can help parents in shock to file claims to obtain compensation for future expenses. However, the law puts strict deadlines for when a claim should be filed.
Statute of Limitations
Modern technology and medical advances have helped reduce the risks that come with childbirth and pregnancy. Birth defects and injuries still occur. Families need to explore their legal options if they are preventable.
Many birth defect lawsuits are stemming from accusations of medical malpractice. These cases could involve mistakes committed by nurses or doctors staff at any stage of labor, pregnancy and birth. Additionally medical professionals can be guilty of medical malpractice after a child's birth if they fail to provide the correct treatment.
Generally speaking, the time limit for these cases is generally 2.5 years from the date of the incident of medical malpractice. The time frame may be extended for infants. It is essential to talk with an attorney whenever you can to ensure that all evidence is collected, and that a timely complaint be filed.
A lawsuit can be filed on behalf of a baby for birth defects caused by chemical and toxic exposures during pregnancy. Lawyers specially trained in birth defects can investigate the claims and then prosecute them 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 injury or defect:
Medical Malpractice
Birth defects can lead to various mental and physical issues. Some of them may even be fatal. Some of these problems are inherited, whereas others are due to exposure to environmental factors or the usage of prescribed drugs during pregnancy.
A doctor or medical professional may be accused of negligence in the event of causing a birth defect law firms defect through their actions or inaction. The majority of these cases are due to medical negligence during labor or delivery. However, they may also include any act or failure to act that is not in the range of the medical standard of care, like failing to diagnose a condition or prescribing the wrong medication during pregnancy.
One instance of case involves a medication called teratogens. It can cause serious birth defects. When pregnant, doctors usually advise women to avoid taking this medication, which is utilized to treat seizures. If a woman is exposed to the drug then she must file an action.
It is vital to choose an attorney with previous experience in these cases. Choose a law firm that is experienced in this area and works on the basis of a contingent fee, which means you don't pay anything unless you win. Also, look for a lawyer who has excellent negotiation and communication skills. This will ensure that your claim is filed before the time limit expires.
Prescription Drugs
A variety of birth defects cause physical or mental disabilities that require costly medical treatment and birth defect attorney accommodations for the child. Most often, these disorders are genetically inherited, but some of them may be caused by chemical or environmental exposure or medication that the mother took during pregnancy.
Drug manufacturers are required to ensure that their products are tested properly and warn consumers of any risks. Unfortunately some pharmaceutical companies do not keep up with research or anticipate potential side consequences. Certain doctors prescribe dangerous medications to their patients, and some women are not informed about the risks of taking certain medications during pregnancy. These drugs are known as teratogens. They could cause birth defects in the fetus, such as spina bifida.
Other substances that could cause birth defects are chemicals used in the agricultural and manufacturing industries, as well as heavy metals such as mercury that can contaminate groundwater or air. Diane Paolicelli's legal career is dedicated to combating powerful corporations that expose women to toxic chemicals and substances that may damage their reproductive health or cause birth defects.
It is crucial to gather as the evidence you can prior birth defect attorney to filing a lawsuit against the parties responsible. Included in this are any ultrasound images or blood tests, as well as medical bills incurred due to. This information can help the attorney to determine the worth of the case.
Product Liability
Pregnancy is among the most exciting and anxiety-inducing experiences in a woman's lifetime. It's also the time that medical professionals can make mistakes that cause birth defects. A reputable attorney can assist parents in submitting a claim and obtaining the compensation they deserve against those responsible for the disability of their child.
While the causes of birth defects are generally not understood by medical professionals however, a significant proportion can be attributed to exposure to chemicals or environmental factors. This could include contact from parents with toxic chemicals at the workplace, like glycol ethers and solvents that are used in semiconductor manufacturing and agricultural chemicals used for pesticides and crop spraying.
The pharmaceutical companies and those who prescribe medications are also obliged to inform the public about the risks. However, a significant portion of these drugs are offered off-label for women of childbearing age, without warnings about the risk of birth defects. This is particularly relevant for antidepressants like Prozac and Zoloft.
Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. His practice focuses on cases involving the development of birth defects that result from parental exposure to toxic chemicals, such as those in semiconductor manufacturing and agriculture. He graduated from the American University in Washington, D.C. as well as Suffolk University Law School.