Five Things Everybody Gets Wrong About Birth Defect Legal
Birth Defect Litigation
Parents want perfect children however, there are some injuries that occur beyond their control. Families could be faced with huge debts when these injuries require costly procedures and special attention.
A New York birth defect lawyer can help stunned parents file an appeal and obtain compensation to pay for future expenses. The law has strict time limitations on when a claim may be filed.
Statute of Limitations
Modern medical technology and advancements in medical science have aided in reducing the risks that are associated with childbirth, pregnancy and birth. However birth defects and injuries continue to occur. Families should consider their legal options when they can be prevented.
Many birth defect lawsuits stem from allegations of medical malpractice. These cases could involve mistakes made by nurses or doctors personnel at any stage of labor, pregnancy and birth. In addition medical professionals can be guilty of medical malpractice after the birth defect law firms of a baby when they fail to provide the correct treatment.
Generally, the time-limit for these cases is generally 2.5 years from the date of the act of medical negligence. For infants this period may be extended. It is nevertheless important to seek legal counsel as soon as possible to ensure that all evidence is collected and that a timely claim be filed.
In addition to medical malpractice, a lawsuit can also be brought on behalf of an infant for birth defects caused by wrongful toxic and chemical exposures that occur during a mother's pregnancy. Lawyers specially trained in birth defects can investigate and prosecute these claims on behalf of the family.
Parents should take into consideration the following characteristics when choosing an attorney to represent them in a suit for birth defects or birth injuries:
Medical Malpractice
birth defects (https://trueandfalse.info) can cause many mental or birth defects physical issues. Some birth defects can cause death. Some of these issues are inherited, whereas others are caused by environmental exposures or the use of prescribed drugs during pregnancy.
A medical professional or doctor could be accused of malpractice if they cause birth defects through their actions or inaction. Most cases involve medical negligence during the birth or labor process. They can also include any other be in compliance with 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, which can cause serious birth defects. In the course of pregnancy, doctors generally advise women to not take this medication, which is utilized in the treatment of seizures. If an individual is exposed to the drug, she must make a claim.
It is essential to choose an attorney who has prior experience in these types of cases. Look for a law firm that has a specialization in this area and works on an on a contingency basis, meaning there is no cost unless you win. Find an attorney who has great negotiation and communication skills. This will ensure that you make your claim in time before the time for filing expires.
Prescription Drugs
Many birth defects result in mental or physical disabilities, that require expensive medical treatment and accommodations for the child. These disorders are usually genetic, but can also be caused by chemical or environmental exposure or medications taken by the mother during pregnancy.
Pharmaceutical companies are required to test their products correctly and inform the public about any risks that could be present. Unfortunately certain pharmaceutical companies do not keep up to date with the latest research or fail to anticipate possible adverse effects. Moreover, doctors may prescribe dangerous medicines to their patients and women may not have adequate information about the risks associated with taking certain drugs during pregnancy. These drugs are referred to as teratogens, and they can cause birth defects in the fetus including spina Bifida.
Other substances that could cause birth defects are chemicals used in the manufacturing and agricultural industries, and heavy metals like mercury, which pollute groundwater and air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations which expose women to harmful chemicals and other substances that affect their reproductive health and lead to birth defects.
When filing lawsuits against the parties that are accountable for your child's health it is essential to gather as much evidence as possible. This includes blood tests, ultrasound images and medical bills that arose as a result of the birth defect. This will help the attorney determine the value of the case.
Product Liability
Pregnancy is among the most exciting, birth defects but nerve-wracking experiences in a woman's lifetime. But it's also a time where many medical professionals make mistakes that could lead to birth defect attorneys defects. A top attorney can help parents to file a claim against the medical professionals who are responsible for their child's disabilities and acquire the proper compensation they're entitled to.
Although the causes of birth defects are often unknown to medical experts but a large proportion of birth defects can be linked to exposure to chemicals or environmental factors. This may include contact by parents with toxic chemicals at the workplace, for example glycol ethers and solvents used in semiconductor manufacturing, and agricultural chemicals for pesticides and crop spraying.
The pharmaceutical companies and those who prescribe medicines are also obliged to warn the public about the dangers of their products. Yet, a large percentage of these medications are sold off-label to women who are pregnant age, without warnings about the possibility of birth defects. This is particularly true for antidepressants like Prozac and Zoloft.
Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. He focuses his practice on cases involving the development of birth defects resulting from exposure of parents to toxic chemicals, which includes the ones used in semiconductor manufacturing and agriculture. He is a graduate of the American University in Washington, D.C. as well as Suffolk University Law School.