20 Resources That Will Make You Better At Birth Defect Legal
Birth Defect Litigation
Certain injuries are beyond the parents of their control. Families may be left with huge debts when these injuries require costly procedures and special 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 deadlines when a claim must be filed.
Statute of limitations
Modern technology and medical advances have helped to reduce the risks of childbirth and pregnancy. Birth defects and injuries remain a possibility. If they're preventable families need to explore their legal options.
Many birth defect lawsuits are founded on allegations of medical malpractice. These cases could involve mistakes made by doctors or nursing staff at any time during pregnancy, labor and birth. In addition medical professionals can be guilty of medical malpractice following a child's birth when they fail to provide proper care.
Generally speaking, the time limit for these cases is 2.5 years from the date of the incident of medical negligence. For infants, this can be extended. It is important to consult a lawyer whenever you can to ensure that all evidence is collected, and that a timely complaint be filed.
A lawsuit may be filed on behalf of a baby for birth defects caused by toxic and chemical exposures during the pregnancy. Specially trained birth defect lawyers can investigate and bring these cases on behalf of the family.
When selecting an attorney for a birth injury or defect lawsuit parents should look for the following characteristics:
Medical Malpractice
Birth defects can lead to a variety of physical and mental problems. Certain birth defect lawsuit defects could cause death. Some of these issues could be caused by genetics while others are triggered through exposure to the environment or prescription medications used during pregnancy.
A doctor or medical professional can be accused of negligence when they cause birth defects as a result of their actions or inaction. These cases typically are based on medical negligence in labor or delivery. They can also be a result of any do something that is below the standard of medical care, like failing to recognize an illness or prescribing incorrect medication during pregnancy.
One such type of situation involves a drug called teratogens, which can cause birth defects that are serious. In the course of pregnancy, doctors generally recommend women not to take this medication, which is utilized in the treatment of seizures. If the woman is exposed to the drug she must submit a claim.
It is important that you choose an attorney who has previous experience in these cases. You should look for a firm that has years of experience in this field and works on contingency, so you won't have to pay nothing until you win. Additionally, you should choose an attorney with excellent negotiation and communication abilities. This will help ensure that you make your claim in time before the time limit expires.
Prescription Drugs
Many birth defects can cause mental or physical disabilities that require expensive medical treatment and accommodations for the child. These conditions are often caused by genetics, but can also be caused by environmental or chemical exposure or medication taken by the mother during pregnancy.
Drug manufacturers are required to test their products correctly and inform the public of any potential dangers. Unfortunately some pharmaceutical companies don't keep up-to-date with current research or fail to anticipate possible side effects. In addition, doctors can prescribe dangerous medications to their patients as well as some women do not have adequate information about the dangers of taking certain medications during pregnancy. These drugs are known as teratogens. They may cause birth defects in the fetus including spina Bifida.
Other substances that may cause birth defects are chemicals used in agriculture and manufacturing as well as heavy metals, like mercury, which are contaminating the groundwater or air. Diane Paolicelli's legal career is focused on fighting powerful corporations that expose women to harmful substances and chemicals that can affect their reproductive health or lead to birth defects.
It is crucial to gather as many evidences as you can prior to filing a suit against the responsible parties. Included in this are any ultrasound images or blood tests, as well as medical bills incurred as a result. This will help the attorney determine the financial value of the case.
Product Liability
Pregnancy is among the most exciting and nerve-wracking times in a woman's life. It's also the time when many medical professionals can make mistakes that lead to birth defects. A reputable attorney can assist parents in filing a claim and obtaining the compensation they deserve against those who are responsible for the impairment of their child.
Although the causes of birth defects are typically unknown to medical experts but a large proportion of birth defects can be attributed with exposure to chemicals or the environment. This can include exposure by parents to harmful chemicals at work, such as glycol ethers and solvents in semiconductor manufacturing, as well as agricultural chemicals used for spraying crops and pesticides.
Additionally, the manufacturers and the people who prescribe prescription medications are required to inform patients of the risks. A majority of these medications are sold to women who are pregnant without warnings about the risk of birth defects. This is especially 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. He focuses his practice on cases where birth defects are caused by exposure to toxic chemicals in the home by parents such as those employed in semiconductor manufacturing or farming. He graduated from American University in Washington, D.C. and Suffolk University Law School.