How To Explain Birth Defect Legal To Your Boss
Birth Defect Litigation
Parents want perfect children However, some accidents happen beyond their control. Families are left with huge bills when these injuries require expensive procedures and special treatment.
A New York birth defect lawyer can assist parents in filing an action and receive compensation to cover 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 made it possible to reduce the risks associated with pregnancy, childbirth and birth. Birth defects and injuries remain a possibility. If they're preventable families must consider their legal options.
Many birth defect suits are founded on accusations of medical malpractice. These cases may involve mistakes committed by nurses or doctors at any point in the pregnancy, labor and delivery processes. In addition medical professionals could be guilty of medical malpractice after the birth of a baby when they fail to provide proper care.
Generally speaking, the statute of limitations in these cases is generally 2.5 years from when the act was committed of medical negligence. For infants, the time period may be extended. However, it is essential to seek legal counsel as soon as you can to ensure that all evidence is collected and that a timely claim can be filed.
In addition to medical malpractice, a lawsuit may also be filed on behalf of an infant for birth defects resulting from improper exposure to chemicals and toxic substances that occur during a mother's pregnancy. Specially trained birth defect lawyers can investigate and bring these cases on behalf of the family.
Parents should take into consideration the following characteristics when choosing an attorney to represent them in a lawsuit involving birth defect or injury:
Medical Malpractice
Birth defects can lead to numerous mental or physical issues. Certain birth defects could cause death. Some of these issues are caused by genetics, while others are caused by environmental exposures or the use of prescription drugs during pregnancy.
A doctor or medical professional can be accused of negligence when they cause birth defects by their actions or inaction. The most common cases involve medical negligence during the birth defect lawsuit or labor process. However, they could also be a result of any action or failure to act that is not in the range of a medical standard of care, such as failing to diagnose a problem or prescribing the wrong medicine during pregnancy.
One such type of situation is a drug called teratogens. This medication can cause serious birth defects. Doctors generally 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 medication, she must submit an insurance claim.
It is vital to choose an attorney who has prior experience in these types of cases. Look for a law firm that is specialized in this area and operates on the basis of a contingent fee, which means there is no cost unless you get the case won. Also, look for an attorney with excellent negotiation and communication skills. This will ensure that your claim is filed before the time limit expires.
Prescription Drugs
Many birth defects result in physical or mental disabilities, which require costly medical care and accommodations for the child. These issues are often genetic, but they can also be caused by environmental or chemical exposure, or by medications taken by the mother during pregnancy.
Pharmaceutical companies are required to test their products properly and inform the public of any risks that could be present. Unfortunately, some pharmaceutical companies don't keep up-to-date with the latest research or fail to anticipate possible adverse consequences. Moreover, doctors may prescribe dangerous drugs to their patients and women may not have adequate information about the dangers of taking certain medications during pregnancy. These drugs are referred to as teratogens and could cause birth defects in the fetus, such as spina Bifida.
Other substances that could cause birth defect law firm defects include chemicals employed in the production and agricultural industries as well as heavy metals, like mercury, which are contaminating the groundwater or the air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations which expose women to harmful chemicals and substances that could cause harm to their reproductive health and lead to birth defects.
If you decide to file a lawsuit against the parties that are accountable for your child's health it is essential to gather as much evidence as you can. This includes any blood tests, ultrasound images, and medical bills that arise due to the birth defect. This information assists the attorney assess the value of the case.
Product Liability
Pregnancy is among the most thrilling and stressful moments in a woman's life. It's also the time when medical professionals make mistakes that can lead to birth defects. A reputable attorney can assist parents in submitting an action and obtaining the compensation they deserve against those who are responsible for the impairment of their child.
While the causes of birth defects are usually unknown to medical professionals, a significant number can be attributed 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 that are used in semiconductor manufacturing and agricultural chemicals used for Birth Defect Lawyer pesticides and spraying crops.
In addition, the manufacturer and the people who prescribe prescription medications are required to inform patients of the risks. A large portion of these drugs are marketed to women who are pregnant, without warnings of the possibility of birth defect. This is especially relevant for antidepressants like Prozac and Zoloft.
Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. His practice is centered around cases where birth defects are caused by parental exposure to toxic chemical such as those used in semiconductor manufacturing or farming. He graduated from American University in Washington, D.C. and Suffolk University Law School.