This Is A Birth Defect Legal Success Story You ll Never Imagine
Birth Defect Litigation
Some injuries are out of the parents' control. If injuries that result from these accidents require special medical attention and expensive procedures, it can cause families to incur huge costs.
A New York birth defect attorney can help parents who are in shock to file an appeal to be compensated for future expenses. However, the law imposes strict deadlines when a claim needs to be filed.
Statute of limitations
Modern technology and medical advancements have helped reduce the risks associated with childbirth and pregnancy. However, birth defects and injuries continue to occur. If they can be prevented, families must consider their legal options.
Many birth defect law firms defect suits are made on the basis of accusations of medical malpractice. These lawsuits can be based on mistakes made by doctors or nurses at any time during the pregnancy, labor and delivery procedures. Additionally, medical professionals can commit medical malpractice following a child's birth when they fail to provide proper treatment.
Generally, the time-limit for these cases is 2.5 years from when the act was committed of medical malpractice. The time limit can be extended to infants. It is nevertheless important to seek legal counsel early enough to ensure that all evidence has been collected and that a timely claim be filed.
In addition to medical malpractice, a suit can also be filed on behalf of a baby for birth defects resulting from improper exposure to chemicals and toxic substances that occur during a mother's pregnancy. Lawyers specially trained in birth defects can investigate and bring these cases on behalf of the family.
When choosing an attorney to represent them in a birth injury or defect lawsuit parents should be looking for the following qualities:
Medical Malpractice
Birth defects can result in a wide range of mental or physical problems. Some birth defects can cause death. Some of these problems are inherited, while others are caused by exposure to environmental factors or the use of prescribed drugs during pregnancy.
A medical professional or doctor could be accused of misconduct if they cause birth defects through their actions or inaction. The most common cases involve medical negligence during labor or delivery. However, they can include any act or failure to act that is in violation of the medical standard of care, such as failing to recognize a medical issue or prescribing the wrong medication during pregnancy.
One such type of case is a medication called teratogens. It can cause serious birth defects. During pregnancy, doctors typically advise women to avoid taking this medication, which is used in the treatment of seizures. If the woman is exposed to the drug, she must submit an insurance claim.
It is crucial to select an attorney who has handled these types of cases. Find a law firm that is experienced in this area and works on an on a contingency basis, meaning you don't have to pay any fees unless you are successful. Additionally, you should choose a lawyer who has excellent negotiation and communication skills. This will help ensure that your claim is filed before the statute of limitations expires.
Prescription Drugs
Many birth defects result in physical or mental disabilities, that require expensive medical treatment and accommodations for the child. Most often, these disorders are genetic, however some of them can be caused by chemical or environmental exposure or medication that the mother consumed during pregnancy.
Pharmaceutical companies are required to ensure that their products are tested properly and warn the public of the potential dangers. Unfortunately, some pharmaceutical companies are not keeping up with the latest research or fail to anticipate potential adverse consequences. In addition, doctors can prescribe dangerous drugs to patients and some women do not have adequate information about the dangers of taking certain medications during pregnancy. These are known as teratogens. They can cause birth defects in the fetus, such as spina bifida.
Other substances that could cause birth defects are the chemicals used in the manufacturing and agricultural industries, and heavy metals like mercury that contaminate air or groundwater. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women chemicals and substances that can harm their reproductive health and cause birth defects.
If you are filing an action against the parties responsible for your child's condition, it is important to gather as much evidence as possible. Included in this are ultrasound images, blood tests, and medical bills incurred due to. This assists the attorney in determining the worth of the case.
Product Liability
Pregnancy is among the most exciting, but anxiety-inducing experiences in women's lives. But it's also a period when medical professionals can make mistakes that can lead to birth defects. A top attorney can assist parents in filing an appeal and gaining the compensation they deserve from those responsible for the handicap of their child.
Although the causes of birth defects are generally unknown to medical experts but a large proportion of birth defects can be attributed to environmental or chemical exposure. This can be due to exposure by parents to toxic chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used in crop spraying and pesticides.
The pharmaceutical companies and those who prescribe medications also have a duty to warn the public about the risks. However, a significant portion of these medications are sold off-label to women of childbearing age, without warnings about the possibility of birth defects. This is especially true for antidepressants such as Prozac and Zoloft.
Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against pharmaceutical and Birth Defects chemical companies. His practice is centered around cases involving the development of birth defects resulting from parental exposure to toxic chemicals such as the ones used in semiconductor manufacturing and agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.