15 Reasons Why You Shouldn t Ignore Birth Defect Legal
Birth Defect Litigation
Parents want perfect babies, but some injuries happen out of their control. Families may be left with huge bills when these injuries require expensive procedures and special care.
A New York birth defect lawyer can assist parents in filing claims and receive compensation to pay for future expenses. The law has strict deadlines on when a claim can be filed.
Statute of Limitations
Modern technology and medical advances have helped reduce the risks associated with pregnancy and childbirth. However birth defects and injuries continue to occur. Families need to explore their legal options when they can be prevented.
Many birth defect lawsuits are founded on allegations of medical malpractice. These lawsuits can result from mistakes made by nurses or doctors personnel at any stage of labor, pregnancy and birth. Additionally medical professionals may be guilty of medical malpractice following a child's birth when they fail to provide the proper treatment.
In general the statute of limitations for these cases are 2.5 years after the date of the medical negligence. For infants this period can be extended. It is essential to talk with a lawyer early enough to ensure that all the evidence is collected and that a timely complaint be filed.
In addition to medical malpractice, a lawsuit may also be filed on behalf of a baby for birth defects that result from wrongful exposure to chemicals and toxic substances that occur during the mother's pregnancy. Lawyers specially trained in birth defects can investigate and bring these cases on behalf of the family.
When choosing an attorney for a birth defect attorneys defect or birth injury lawsuit parents should look for the following qualities:
Medical Malpractice
birth defects (learn this here now) can result in many mental or physical problems. Some birth defects can be fatal. Some of these issues are inherited, while others are caused by exposure to environmental factors or the usage of prescription drugs during pregnancy.
A doctor or medical professional could be accused of malpractice in the event of causing birth defects through their actions or inaction. These cases typically involve medical negligence during labor or delivery. They can also be a result of any do something that is below the standard of medical care, for example, failing to diagnose an illness or prescribing incorrect medication during pregnancy.
One example of situation involves a drug called teratogens. This medication can cause serious birth defects. Doctors typically advise women to take this medication during pregnancy. It is used to treat seizures. If women are exposed to the drug, then she must file an action.
It is essential to select an attorney with expertise in these kinds of cases. It is best to choose a firm with years of experience in this field and is based on contingency, meaning that you don't pay any fees until you win. Choose an attorney with an excellent ability to communicate and negotiate. This will ensure that you file your claim before the statute of limitation expires.
Prescription Drugs
Many birth defects result in mental or physical disabilities which require costly medical care and accommodations for the child. Most often, these disorders are inherited, but a few can be caused by chemical or environmental exposure or medication that the mother was taking during pregnancy.
Drug makers are required to test their products properly and inform the public of any risks that could be present. Unfortunately certain pharmaceutical companies fail to keep up with the latest research or anticipate potential side effects. Some doctors recommend dangerous drugs to their patients and some women aren't aware of the dangers associated with taking certain medications during pregnancy. These drugs are referred to as teratogens. They can cause birth defects in the fetus. This includes spina bifida.
Other substances that could cause birth defects are the chemicals used in the agricultural and manufacturing industries, as well as heavy metals such as mercury that affect groundwater or the air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women to toxic chemicals and substances that could harm their reproductive health and lead to birth defects.
If you are filing lawsuits against the people who are responsible for your child's illness it is essential to gather as much evidence as possible. This includes ultrasound scans, blood tests and medical bills incurred due to the birth defect. This assists the attorney in determining the monetary value of the case.
Product Liability
Pregnancy is among the most thrilling and stressful experiences a woman can go through in her life. But it's also a time when medical professionals can make mistakes that can cause birth defects. A top lawyer 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 typically unknown to medical professionals but a large proportion of birth defects can be linked to environmental or chemical exposure. This may include contact by parents with toxic chemicals in the workplace, like solvents and glycol ethers used in semiconductor manufacturing, and agricultural chemicals for pesticides and spraying on crops.
The manufacturers and the people who prescribe medicines must also inform the public about the dangers of their products. Yet, a substantial portion of these drugs are marketed off-label for women of childbearing age without warnings regarding the potential for 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 pharmaceutical and chemical companies. His practice focuses on cases involving the occurrence of birth defects due to parental exposure to toxic chemicals, including those used in semiconductor manufacturing and agriculture. He graduated of the American University in Washington, D.C., and Suffolk University Law School.