The Reasons To Focus On Enhancing Birth Defect Legal
Birth Defect Litigation
Parents want perfect children However, some accidents happen out of their control. If these injuries require special treatment and costly procedures, it could result in huge costs for families.
A New York birth defect lawsuit defect attorney can assist parents grieving and file an appeal to be compensated for future expenses. The law has strict time limits on when a claim may be filed.
Statute of Limitations
Modern technology and medical advances have helped to reduce risks associated with pregnancy, childbirth and birth. Birth defects and injuries do persist. If they're preventable, families need to explore their legal options.
Many birth defect lawyers defect lawsuits stem from allegations of medical malpractice. These cases can involve errors made by nurses or doctors at any time during pregnancy, labor and delivery procedures. Additionally, medical professionals can commit medical malpractice after the birth of a child if they fail to provide the proper treatment.
In general, the statutes of limitations in these cases are 2.5 years after the date of the medical mistake. For infants this is sometimes extended. However, it is essential to seek legal counsel as soon as you can to ensure that all evidence is gathered and that a timely claim can be filed.
In addition to medical malpractice, a suit can also be filed 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 think about the following aspects when choosing an attorney to represent them in a lawsuit for birth defects or birth injuries:
Medical Malpractice
Birth defects can trigger an array of physical or mental problems. Some of them can be fatal. Some of these issues are genetic, but 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 majority of these cases are based on medical negligence in delivery or labor. They can also be a result of any be in compliance with a standard of medical care, like failing to recognize an illness or prescribing the wrong medication during pregnancy.
One instance of case is a medication called teratogens. It can cause birth defects that are serious. When pregnant, doctors usually advise women to stay clear of this medication, which is commonly used in the treatment of seizures. If a pregnant woman is exposed to this medication, she must make a claim.
It is important to choose an attorney who has handled these kinds of cases. You should look for an attorney who has years of experience in this field and is on contingency, which means you won't have to pay any fees until you win. Look for an attorney with an excellent ability to communicate and negotiate. This will help to ensure that you submit your claim before the time for filing expires.
Prescription Drugs
A lot of birth defects can cause physical or mental disabilities, which require costly medical care and accommodations for the child. These problems are usually genetic, but they may also be caused by chemical or environmental exposure, or by medications taken by the mother during pregnancy.
Pharmaceutical manufacturers are required to ensure that their products are tested properly and warn consumers about any risks. Sadly some pharmaceutical companies fail to keep up with the latest research or anticipate the potential adverse consequences. Some doctors recommend dangerous drugs to their patients, and some women aren't aware of the risks associated with taking certain medications while pregnant. These drugs are referred to as teratogens. They can cause birth defects in the fetus, such as spina Bifida.
Other substances that can cause birth defects are chemicals used in the manufacturing and agricultural industries, and heavy metals like mercury which pollute groundwater and air. Diane Paolicelli's career in law has been focused on combating powerful corporations that expose women to harmful chemicals and substances that may affect their reproductive health or lead to birth defects.
If you decide to file lawsuits against the parties responsible for your child's condition it is essential to gather the most evidence you can. This includes ultrasound scans, blood tests, and medical bills that arise because of the birth defect. This information can help attorneys determine the worth of the case.
Product Liability
Pregnancy is among the most exciting and nerve-wracking experiences in women's lives. It's also the time when many medical professionals can make mistakes that can lead to birth defects. An experienced attorney can assist parents make a claim against those accountable for their child's handicap and get the justice they deserve.
Although the causes of birth defects are typically unknown to medical experts, a significant number can be attributed to exposure to chemicals or environmental factors. This can be due to exposure by parents to toxic chemicals in the workplace such as solvents and glycol ethers in semiconductor manufacturing, as well as agricultural chemicals used for crop spraying and pesticides.
Manufacturers and those who prescribe medication must also warn people about the dangers. A large portion of these drugs is 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, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. He concentrates his practice on cases where birth defects are caused by exposure to toxic chemicals in the home by parents such as those that are used in semiconductor manufacturing or farming. He is a graduate from the American University in Washington, D.C. as well as Suffolk University Law School.