20 Resources That Will Make You More Efficient With Birth Defect Legal
Birth Defect Litigation
Certain injuries are beyond the parents' control. When injuries require specialized medical attention and expensive procedures, it could cause families to be faced with massive costs.
A New York birth defect attorney can help parents who are in shock to file an appeal to be compensated for future expenses. However, the law places strict deadlines when a claim needs to be filed.
Statute of limitations
Modern technology and medical advancements have helped to reduce risks associated with childbirth, pregnancy and birth. Birth defects and injuries persist. Families need to explore their legal options when they can be prevented.
Many birth defect lawsuits stem from allegations of medical malpractice. These cases can involve errors made by doctors or nurses at any point in the labor and birth procedures. Medical professionals may also be negligent following the birth of a child by failing to provide the correct treatment.
In general, the statutes of limitations in these cases are 2.5 years from the date of the medical malpractice. For infants, the time period may be extended. But, it is crucial to seek legal counsel as soon as you can to ensure that all evidence is gathered and that a timely claim be filed.
In addition to medical malpractice, a lawsuit can also be brought on behalf of a baby for birth defects caused by wrongful toxic and chemical exposures that take place during the mother's pregnancy. Specially trained birth defects lawyers can examine these claims and bring them to trial on behalf of the family.
Parents should take into consideration the following aspects when choosing an attorney to represent them in a suit for birth injury or defect:
Medical Malpractice
Birth defects can result in a wide range of mental or physical ailments. Some of them may even be fatal. Some of these problems may be caused by genetics while others are caused by environmental exposures or prescription medications taken during pregnancy.
A doctor or medical professional could be convicted of malpractice when they cause birth defects due to their actions or inaction. The most common cases involve medical negligence during the birth or labor process. However, they can also include any act or inability to act that is in violation of a medical standard of care, like failing to diagnose a problem or prescribing the wrong medicine during pregnancy.
One instance of case involves a medication called teratogens, which can cause serious birth defects. During pregnancy, doctors typically advise women to not take this medication, which is used to treat seizures. If a pregnant woman is exposed to this medication, she must submit a claim.
It is important to select an attorney who has experience in handling these types of cases. You should choose a firm with expertise in this area and works on contingency, so you don't have to pay anything until you win. Also, you should look for a lawyer who has excellent negotiation and communication abilities. This will ensure that you make your claim in time before the time for filing expires.
Prescription Drugs
Many birth defects result in mental or physical disabilities that require costly medical treatment and accommodations for the child. These issues are often caused by genetics, but can also be caused by environmental or chemical exposure or the use of medications by the mother during pregnancy.
Pharmaceutical companies are required to test their products properly and warn the public of the potential dangers. Unfortunately some pharmaceutical companies fail to keep up with the latest research or anticipate the potential adverse effects. Certain doctors prescribe dangerous medications to their patients and some women are not aware of the risks associated with using certain drugs during pregnancy. These drugs, referred to as teratogens can cause birth defects, such as spina-bifida that can occur in the fetus.
Other substances that could cause birth defects are chemicals used in the manufacturing and agricultural industries, as well as heavy metals like mercury, which can contaminate groundwater or air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women chemicals and other substances that affect their reproductive health and cause birth defects.
It is essential to gather as all evidence you can before filing a suit against the party responsible. This includes any ultrasound scans, blood tests and medical bills that arose as a result of the birth defect. This information assists attorneys determine the value of the case.
Product Liability
Pregnancy is one of the most thrilling and stressful times in a woman's life. But it's also a time where medical professionals often make mistakes that could cause birth defects. A top attorney can assist parents in submitting claims and getting the amount they deserve from those responsible for the disability of their child.
While the causes of birth defects are often unknown to medical professionals however, a significant proportion can be attributed to environmental or chemical exposure. This could include contact from parents with toxic chemicals at the workplace, like glycol ethers and solvents used in semiconductor manufacturing, as well as agricultural chemicals used for pesticides and spraying of crops.
Manufacturers and those who prescribe medications are also required to warn the public about the dangers of their products. A large number of these drugs is marketed to pregnant women without warnings about the possibility of birth defects. This is especially applicable to antidepressants such Prozac and Zoloft.
Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. His practice focuses on cases involving the occurrence of birth defects resulting from parental exposure to toxic chemicals such as those used in semiconductor manufacturing and agriculture. He graduated of the American University in Washington, D.C. and Suffolk University Law School.