5 Things That Everyone Doesn t Know Concerning Birth Defect Legal
Birth Defect Litigation
Parents want perfect babies however, there are some injuries that occur out of their control. When injuries require specialized treatment and expensive procedures, it could cause families to be faced with massive costs.
A New York birth defect lawyer can assist parents who are shocked to file an action and receive compensation to pay for future expenses. The law has strict time limits on when a claim can be filed.
Statute of Limitations
Modern technology and medical advancements have helped to reduce the risks that come with childbirth and pregnancy. Birth defects and injuries persist. If they can be prevented, families must explore their legal options.
Many birth defect lawsuits are founded on allegations of medical malpractice. These cases may involve errors committed by nurses or doctors staff at any point during labor, pregnancy and birth. Medical professionals may also commit malpractice after the birth of a child by failing to provide the correct treatment.
In general the statute of limitations in these cases are 2.5 years from the date of the medical malpractice. This time period may be extended for infants. It is essential to talk with an attorney whenever you can to ensure that all evidence is gathered, and that a timely complaint be filed.
A lawsuit can be filed on behalf of a baby for birth defect attorney defects caused by chemical and toxic exposures during pregnancy. Specially trained birth defect lawyers can investigate and pursue these claims on behalf of the family.
Parents should think about the following aspects when choosing an attorney to represent their interests in a lawsuit filed for birth injury or defect:
Medical Malpractice
Birth defects can lead to a wide range of mental or physical issues. Some birth defects may be fatal. Some of these problems are inherited, while others are due to environmental exposures or the use of prescription drugs during pregnancy.
A doctor or medical professional could be convicted of malpractice in the event of causing birth defects by their actions or inaction. These cases usually involve medical negligence during the birth or labor process. However, they can include any act or inability to act that is in violation of the medical standard of care, for instance, failing to diagnose a condition or prescribing the wrong medicine during pregnancy.
One example is involving teratogens. These drugs can cause serious birth defects. During pregnancy, doctors usually recommend women not to take this medication, which is used to treat seizures. If women are exposed to the drug, she must file a claim.
It is essential to select an attorney who is experienced in handling these kinds of cases. Find a law firm that has a specialization in this area and operates on a contingency basis, so you won't have to pay a dime unless you succeed. Look for an attorney with excellent communication and negotiation skills. This will help ensure that your claim is filed before the time limit expires.
Prescription Drugs
Many birth defects cause mental or physical disabilities, which require costly medical care and accommodations for the child. Often, these conditions are genetically inherited, but some can be caused by environmental or chemical exposure or medication that the mother took while pregnant.
Drug makers are required to ensure that their products are tested properly and warn the public of any potential risks. Sadly some pharmaceutical companies do not keep up with the latest research or anticipate the potential adverse effects. Additionally, doctors can prescribe dangerous medications to their patients, and some women do not receive the correct information regarding the risks associated with taking certain medications during pregnancy. These drugs, referred to as teratogens, can cause birth defects, such as spina-bifida, which is a birth defect in the fe.
Other substances that may cause birth defects include chemicals that are used in manufacturing and agriculture, as well as heavy metals, like mercury that are contaminating groundwater or air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women to harmful chemicals and substances that could harm their reproductive health and cause birth defects.
If you are filing lawsuits against the people who are responsible for your child's illness It is crucial to gather the most evidence you can. This includes any ultrasound scans, blood tests, and medical bills incurred due to the birth defect. This helps the attorney establish the financial value of the case.
Product Liability
Pregnancy can be one of the most exciting, yet anxious experiences of the life of a woman. It's also the time that medical professionals can make mistakes that cause birth defects. An experienced attorney can help parents in submitting an action and obtaining the compensation they deserve from those responsible for the handicap of their child.
While the causes of birth defects are often unknown to medical experts but a large proportion of birth defects are linked to exposure to chemicals or environmental factors. This can be due to exposure by parents to toxic chemicals at work, such as glycol ethers and solvents in semiconductor manufacturing, as well as agricultural chemicals used in spraying crops and pesticides.
Furthermore, manufacturers and those who prescribe prescription drugs are required to inform consumers of the dangers. Yet, a substantial portion of these medications are sold off-label to women of childbearing age, without warnings about the possibility of 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 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, including those used in semiconductor manufacturing as well as agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.