Why We Our Love For Birth Defect Legal And You Should Too
Birth Defect Litigation
Some injuries are beyond the parents' control. When these injuries require special care and costly procedures, it can leave families with huge expenses.
A New York birth defect lawyer can assist parents in filing an appeal and obtain compensation to pay for future expenses. However, the law has strict deadlines on when a claim needs to be filed.
Statute of limitations
Modern technology and medical advancements have helped to reduce the risks associated with childbirth and pregnancy. However st francis birth defect lawsuit defects and injuries still occur. Families need to explore their legal options when they are preventable.
Many birth defect lawsuits are founded on allegations of medical malpractice. These cases could involve mistakes made by nurses or doctors at any time during birth, labor and delivery procedures. Medical professionals may also be negligent following the birth of a baby by failing to provide the correct treatment.
In general, the statutes of limitations in these cases is 2.5 years from the date of the medical negligence. The time frame can be extended to infants. It is essential to talk with an attorney immediately to ensure that all the evidence is collected, and that a timely complaint can be filed.
In addition to medical malpractice, a lawsuit may also be filed on behalf of a baby for birth defects resulting from improper toxic and chemical exposures that take place during the mother's pregnancy. Lawyers specially trained in birth defects can investigate and pursue these claims on behalf of the family.
Parents should be aware of the following aspects when choosing an attorney to represent them in a suit for birth defects or injuries:
Medical Malpractice
Birth defects can trigger an array of mental or physical ailments. Some birth defects can cause death. Some of these problems may be caused by genetics while others are caused through exposure to the environment or Defects prescription medications taken during pregnancy.
A doctor or medical professional could be convicted of malpractice if they cause birth defects through their actions or inaction. These cases typically are based on medical negligence during labor defects or delivery. However, they could also be a result of any action or failure to act that is not in the range of the medical standard of care, like failing to diagnose a condition or prescribing the wrong medication during pregnancy.
One example of situation is a drug known as teratogens, which could cause serious birth defects. During pregnancy, doctors typically advise women to not take this medication, which is utilized in the treatment of seizures. If a pregnant woman is exposed to this medication, she must submit a claim.
It is important that you select an attorney who has previous experience in these cases. Find a firm that is specialized in this area, and works on an on a contingency basis, meaning there is no cost unless you succeed. Look for an attorney with excellent communication and negotiation skills. This will help to ensure that you submit your claim before the statute of limitations expires.
Prescription Drugs
Many birth defects result in mental or physical disabilities, which require costly medical care and accommodations for the child. These problems are usually genetic, but they may also be caused by environmental or chemical exposure or medication taken by the mother during pregnancy.
Drug manufacturers are required to adequately test their products and warn consumers of any potential risks. Sadly some pharmaceutical companies do not keep up with research or anticipate potential side effects. Some doctors recommend dangerous drugs to their patients. Some women are not aware of the risks of taking certain medications while pregnant. These drugs are known as teratogens and can cause birth defects in 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, which pollute groundwater and air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women to harmful chemicals and substances that cause harm to their reproductive health and lead to birth defects.
It is essential to gather as all evidence you can before filing a suit against the parties responsible. Included in this are ultrasound images and blood tests as well as medical bills that are incurred as a result. This will help the attorney determine the worth of the case.
Product Liability
Pregnancy is among the most exciting, and anxious experiences of the life of a woman. But it's also a period where medical professionals often make mistakes that can cause birth defects. An experienced attorney can help parents in submitting claims and getting the compensation they deserve against those responsible for the disability of their child.
While 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 can include parental exposure to toxic chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, as well as agricultural chemicals used for spraying crops and pesticides.
In addition, manufacturers and those who prescribe prescription medications are required to inform patients of the risks. Yet, a large percentage of these drugs are sold off-label to women of childbearing age without adequate warnings about the risk of birth defects. This is particularly the case with antidepressants such as Prozac and Zoloft.
Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defects lawsuits against chemical and pharmaceutical companies. His practice is centered around cases that involve the occurrence of birth defects caused by parental exposure to toxic chemicals, such as those in semiconductor manufacturing and agriculture. He graduated from the American University in Washington, D.C., and Suffolk University Law School.