15 Reasons You Shouldn t Ignore Birth Defect Legal
Birth Defect Litigation
Parents want perfect children However, some injuries occur beyond their control. Families can be left with a huge bill when injuries require expensive procedures and specialized care.
A New York birth defect lawyer can help stunned parents file a claim and get compensation to cover future costs. However, the law puts strict time limitations on when a claim needs to be filed.
Statute of limitations
Modern technology and medical advancements have helped reduce the risks of childbirth and pregnancy. However, birth defects and injuries do occur. If they're preventable families should consider their legal options.
Many birth defect lawsuits stem from allegations of medical malpractice. These lawsuits can result from mistakes made by nurses or doctors staff at any point during labor, pregnancy and birth. In addition medical professionals can be guilty of medical malpractice following the birth of a child by failing to provide proper care.
In general, the statutes of limitations in these cases is 2.5 years after the date of the medical malpractice. This time period can be extended to infants. It is crucial to consult a lawyer immediately to ensure that all evidence is gathered, and that a timely complaint can be filed.
In addition to medical malpractice, a suit could also be filed on behalf of an infant for birth defects that result from wrongful exposure to chemicals and toxic substances that take place during the 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 injuries:
Medical Malpractice
Birth defects can result in many physical or mental problems. Some birth defects can be fatal. Some of these issues are inherited, while others are due to exposure to environmental factors or the use of prescription medications during pregnancy.
A doctor or medical professional could be convicted of malpractice if they cause birth defects through their actions or inaction. These cases usually are based on medical negligence during labor or delivery. However, they can include any act or inability to act that falls short of a medical standard of care, like not diagnosing a medical condition or prescribing the wrong medicine during pregnancy.
One example of case is a medication called teratogens. It can cause serious birth defects. Doctors usually advise women not to take this medication during pregnancy. It is used to treat seizures. If a pregnant woman is exposed to this drug, she should file a claim.
It is important that you select an attorney who has expertise in these kinds of cases. Find a firm that has a specialization in this area and works on an hourly basis, which means you don't pay anything unless you get the case won. Find an attorney who has an excellent ability to communicate and negotiate. This will ensure that you file 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 disorders are usually caused by genetics, but can also be caused by environmental or chemical exposure or medications taken by the mother during pregnancy.
Drug makers are required to test their products thoroughly and warn consumers about any risks. Unfortunately certain pharmaceutical companies don't keep up to date with the latest research or fail to anticipate potential side effects. Some doctors recommend dangerous drugs to their patients, and some women are not informed about the risks associated with taking certain drugs while pregnant. These are known as teratogens and can cause birth defects in the fetus, including spina Bifida.
Other substances that could cause birth defects are chemicals used in the agricultural and manufacturing industries, as well as heavy metals such as mercury that contaminate air or groundwater. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations which expose women to harmful chemicals and substances that could damage their reproductive health and cause birth defects.
If you are filing lawsuits against the parties responsible for your child's condition, it is important to gather as much evidence as you can. Included in this are ultrasound images as well as blood tests and medical bills incurred as a result. This helps the attorney establish the financial value of the case.
Product Liability
Pregnancy is among the most thrilling and stressful experiences a woman can go through in her life. It's also a time where medical professionals often make mistakes that could cause birth defects. An experienced attorney can help parents bring a lawsuit against those responsible for their child's disability and obtain the proper compensation they're entitled to.
Although the causes of birth defects are usually unknown to medical professionals but a large proportion of birth defects can be linked to environmental or chemical exposure. This can include parental contact with toxic chemicals in the workplace, such as glycolethers and solvents utilized in semiconductor manufacturing as well as chemical pesticides used in agriculture and spraying of crops.
Furthermore, manufacturers and those who prescribe prescription medicines must inform consumers of the dangers. However, a lot of these drugs are sold off-label to women who are pregnant age without warnings regarding the risk of birth defect attorney defects. This is particularly true for 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. He concentrates his practice on cases involving the occurrence of birth defects due to 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.