Five Tools Everybody Within The Birth Defect Legal Industry Should Be Using
Birth Defect Litigation
Parents want their children to be perfect however, there are some injuries that occur out of their control. Families could be faced with a large bill when injuries require expensive procedures and special treatment.
A New York birth defect attorney can help parents grieving and file an appeal to be compensated for future expenses. The law has strict time limits on when claims can be filed.
Statute of Limitations
Modern technology and medical advancements have helped reduce the risks that come with childbirth and pregnancy. However, birth defects and injuries do occur. Families must consider their legal options when they can be prevented.
Many birth defect lawsuits are based on allegations of medical malpractice. These lawsuits can be based on mistakes committed by nurses or doctors at any time during pregnancy, labor and delivery processes. In addition, medical professionals can commit medical malpractice following the birth of a child, birth defect lawsuits if they fail to provide proper treatment.
Generally, the statute of limitations in these cases is generally 2.5 years from the date of the act of medical malpractice. This time frame may be extended for infants. However, it is essential to seek legal advice immediately to ensure that all evidence is gathered and that a timely claim be filed.
In addition to medical malpractice, a suit can also be filed on behalf of an infant for birth defects caused by wrongful exposure to chemicals and toxic substances that occur during a mother's pregnancy. Lawyers specially trained in birth defects can investigate and pursue these claims on behalf of the family.
Parents should take into consideration the following factors when choosing an attorney to represent their interests in a lawsuit filed for birth defects or injuries:
Medical Malpractice
Birth defects can lead to many physical or mental problems. Some birth defect lawyer defects can cause death. Some of these issues may be caused by genetics while others are caused through exposure to the environment or prescription medications taken during pregnancy.
A doctor or medical professional could be accused of malpractice in the event of causing birth defects by their actions or inaction. These cases usually involve medical negligence during labor or delivery. However, they could also comprise any act or failure to act in excess of a medical standard of care, like failing to diagnose a condition or prescribing the wrong medicine during pregnancy.
One instance of case involves a medication known as teratogens, which could cause birth defects that are serious. During pregnancy, doctors typically recommend women not to take this medication, which is commonly used in the treatment of seizures. If a woman who is pregnant is exposed to this drug, she should file a claim.
It is important to select an attorney who is experienced in handling these types of cases. Find a firm that has a specialization in this field and operates on an hourly basis, which means you don't have to pay any fees unless you get the case won. Additionally, you should choose an attorney who has strong communication and negotiation skills. This will help ensure that your claim is filed before the time limit expires.
Prescription Drugs
A variety of birth defects cause physical or Birth defect lawsuits mental disabilities that require expensive medical treatment and accommodations for the child. The majority of these problems are genetic, 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 inform consumers of any risks. Unfortunately certain pharmaceutical companies fail to keep up with research or anticipate the potential adverse effects. Some doctors prescribe dangerous drugs to their patients and some women are not aware of the risks associated with taking certain medications while pregnant. These drugs are referred to as teratogens and can cause birth defects within the fetus including spina Bifida.
Other substances that could cause birth defects are the chemicals used in the manufacturing and agricultural industries, as well as heavy metals like mercury that can contaminate groundwater or air. Diane Paolicelli's legal career has been dedicated to combating powerful corporations that expose women to toxic substances and chemicals that can cause harm to their reproductive health and cause birth defects.
When bringing lawsuits against the people responsible for your child's condition it is crucial to gather as much evidence as you can. Included in this are ultrasound images, blood tests, and medical bills incurred as a result. This information assists the attorney determine the worth of the case.
Product Liability
Pregnancy is among the most exciting, but stressful experiences in the life of a woman. But it's also a period when many medical professionals make mistakes that can lead to birth defects. A top attorney can assist parents in submitting an action and obtaining the money they deserve from those responsible for the disability of their child.
Medical professionals aren't always able to pinpoint the exact cause of birth defects, but a large number can be due to environmental or chemical exposure. This can include parental exposure to harmful chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, as well as agricultural chemicals used in crop spraying and pesticides.
The manufacturers and the people who prescribe medicines are also required to warn the public about the risks. However, a significant portion of these drugs are sold off-label to women who are pregnant age, without warnings about the potential for birth defects. This is especially relevant 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 where birth defects result from exposure to toxic chemicals by parents like those used in the manufacture of semiconductors or in agriculture. He graduated from the American University in Washington, D.C. and Suffolk University Law School.