15 Reasons Not To Ignore Birth Defect Legal
Birth Defect Litigation
Parents want perfect children however, there are some injuries that occur outside their control. If injuries that result from these accidents require special medical attention and expensive procedures, it can cause families to be faced with massive costs.
A New York birth defect lawyer can assist parents who are stunned to file an action and receive compensation to cover future expenses. The law has strict deadlines for when claims can be filed.
Statute of Limitations
Modern technology and medical advancements have helped reduce the risks associated with pregnancy and childbirth. Birth defects and injuries do still occur. Families should consider their legal options when they are preventable.
Many birth defect lawsuits are based upon allegations of medical malpractice. These cases can involve mistakes made by nurses or doctors staff at any point during the birth process, including labor and pregnancy. Medical professionals can also commit malpractice after the birth of a baby if they fail provide proper treatment.
Generally speaking, the time-limit for these cases is generally 2.5 years from the date of the incident of medical malpractice. This time period can be extended to infants. It is essential to talk with a lawyer as soon as you can to ensure that all evidence is collected and that a timely complaint can be filed.
In addition to medical malpractice, a lawsuit could also be filed on behalf of an infant for birth defects caused by improper toxic and chemical exposures that occur during the mother's pregnancy. Lawyers specially trained in birth defects can investigate and prosecute these claims on behalf of the family.
When choosing an attorney to represent them in a birth defect or birth injury lawsuit parents should consider the following qualities:
Medical Malpractice
Birth defects can result in an array of mental or physical issues. Certain birth defects could cause death. Some of these problems are inherited, while others are caused by exposure to environmental factors or the usage of prescribed drugs during pregnancy.
A doctor or medical professional could be accused of malpractice if they cause birth defects by their actions or inaction. These cases typically involve medical negligence during labor or delivery. However, they may also include any act 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 is involving the teratogens. These medications can cause serious birth defects. In the course of pregnancy, doctors generally advise women to avoid taking this medication, which is utilized in the treatment of seizures. If women are exposed to the drug, then she should make a claim.
It is important that you select an attorney with experience in these types of cases. You should seek out an attorney with expertise in this area and is on contingency, which means you won't have to pay anything until you are successful. Also, look for a lawyer who has excellent communication and negotiation skills. This can help ensure that your claim is filed before the statute of limitations expires.
Prescription Drugs
A lot of birth defect law firms; related resource site, defects can cause mental or physical disabilities, that require costly medical treatment and accommodations for the child. These disorders are usually genetic, but can also be caused by chemical or environmental exposure, or by medications taken by the mother during pregnancy.
Drug makers are required to ensure that their products are tested properly and warn consumers about any potential risks. Unfortunately, some pharmaceutical companies fail to keep up with research or anticipate possible side effects. Additionally, doctors can prescribe dangerous drugs to their patients and women may not receive the correct information regarding the dangers of taking certain medications during pregnancy. 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 defect law firm defects are the chemicals used in the manufacturing and agricultural industries, and heavy metals like mercury that affect groundwater or the air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women to toxic chemicals and substances that harm their reproductive health and cause birth defects.
It is important to collect as all evidence you can before filing a suit against the parties accountable. This includes ultrasound images, blood tests, and medical bills that arise due to the birth defect. This information helps the attorney assess the worth of the case.
Product Liability
Pregnancy is one of the most exciting and nerve-wracking events in a woman's lifetime. It's also the time when medical professionals can make mistakes that result in birth defects. A top attorney can help parents to file a claim against the medical professionals responsible for their child's condition and receive the proper compensation they're entitled to.
Medical experts are not always able determine the root of birth defects, however many of them can be attributable to environmental or chemical exposure. This can include parental contact with toxic chemicals in the workplace, like glycol ethers and solvents used in semiconductor manufacturing, as well as agricultural chemicals for pesticides and spraying on crops.
The manufacturers and the people who prescribe medications are also obliged to warn the public about their risks. Yet, a substantial portion of these medications are sold off-label to women who are pregnant age without proper warnings about the possibility of birth defects. This is particularly true 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 result from exposure to toxic chemicals in the home by parents, such as those employed in semiconductor manufacturing or agricultural. He graduated from American University in Washington, D.C. and Suffolk University Law School.