20 Fun Facts About Birth Defect Legal
Birth Defect Litigation
Some injuries are beyond the parents in their control. Families are left with a large bill when injuries require costly procedures and special treatment.
A New York birth defect attorney can assist parents shocked to file claims to obtain compensation for future expenses. However, the law places strict deadlines for the time a claim has to be filed.
Statute of Limitations
Modern technology and medical advances have helped to reduce the risks associated with childbirth and pregnancy. However, birth defects and injuries do occur. If they're preventable, families must consider their legal options.
Many birth defect lawsuits are based on allegations of medical malpractice. These lawsuits can be based on mistakes made by nurses or doctors at any point in the pregnancy, labor and delivery processes. In addition medical professionals can be guilty of medical malpractice following the birth defect law firms of a child, when they fail to provide proper treatment.
In general, the statutes of limitations in these cases is 2.5 years from the date of the medical mistake. For infants, the time period may be extended. However, it is essential to seek legal advice early enough to ensure that all evidence is collected and that a timely claim be filed.
A lawsuit can be filed on behalf of a child in relation to birth defects caused by chemical and toxic exposures during pregnancy. Lawyers specially trained in birth defects can investigate and defend these claims on behalf of the family.
Parents should consider the following qualities when selecting an attorney to represent their interests in a lawsuit filed for birth defects or injuries:
Medical Malpractice
Birth defects can result in numerous physical or mental problems. Some of them may even be fatal. Some of these issues may be caused by genetics while others are triggered by environmental exposures or prescription drugs taken during pregnancy.
Medical professionals or doctors can be accused of negligence when they cause birth defects by their actions or inaction. These cases usually involve medical negligence during the birth or labor process. However, they may also include any act or failure to act that falls short of the medical standard of care, for instance, failing to diagnose a problem or prescribing the wrong medication during pregnancy.
One of these cases involves Teratogens. These drugs can cause birth defects that are serious. During pregnancy, doctors typically advise women to stay clear of this medication, which is utilized in the treatment of seizures. If a woman who is pregnant is exposed to this drug, she should file an insurance claim.
It is essential to choose an attorney with previous experience in these cases. You should look for a firm with extensive experience in this field. It also is on contingency, which means you won't have to pay nothing until you win. Also, you should look for an attorney who has strong communication and negotiation abilities. This will ensure that your claim is filed before the time limit expires.
Prescription Drugs
Many birth defects can cause physical or mental disabilities that require costly medical treatment and accommodations for the child. Often, these conditions are inherited, but a few of them may be caused by chemical or environmental exposure, or the medications the mother consumed during pregnancy.
Drug makers are required to test their products thoroughly and warn consumers of any risks. Sadly, some pharmaceutical companies fail to keep up with research or anticipate possible side effects. Certain doctors prescribe dangerous medications to their patients. Moreover, some women aren't aware of the risks associated with using certain drugs during pregnancy. These drugs are referred to as teratogens. They can cause birth defects in the fetus, including spina Bifida.
Other substances that can cause birth defects are the chemicals used in the manufacturing and agricultural industries, and heavy metals like mercury that can contaminate groundwater or air. Diane Paolicelli's career in law has been focused on combating powerful corporations that expose women to toxic chemicals and substances that could cause harm to their reproductive health and lead to birth defects.
If you are filing lawsuits against the parties who are responsible for your child's illness, it is important to gather as much evidence as you can. This includes ultrasound images, blood tests and medical bills that came up due to the birth defect. This information will help the attorney to determine the worth of the case.
Product Liability
Pregnancy is one of the most exciting and nerve-wracking moments in a woman's life. It's also a time where medical professionals make mistakes that lead to birth defects. A top attorney can help parents bring a lawsuit against those accountable for their child's handicap and receive the justice they deserve.
Although the causes of birth defects are usually not understood by medical professionals however, many of them can be attributed to exposure to chemicals or environmental factors. This could include contact from parents with toxic chemicals in the workplace, such as glycol ethers and solvents used in semiconductor manufacturing and agricultural chemicals used for pesticides and spraying of crops.
In addition, the manufacturer and those who prescribe prescription medicines are required to inform people of their risks. However, a lot of these drugs are offered off-label to women of childbearing age, without 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 chemical and pharmaceutical companies. He focuses his practice on cases where birth defects result from exposure to toxic chemicals in the home by parents such as those used in the manufacture of semiconductors or in agriculture. He graduated from the American University in Washington, D.C. and Suffolk University Law School.