Are You Getting The Most Of Your Birth Defect Legal
Birth Defect Litigation
Parents want their children to be perfect However, some injuries occur beyond their control. Families could be faced with huge debts when these injuries require costly procedures and special treatment.
A New York birth defect lawyer can assist parents who are stunned to file an appeal and obtain compensation to pay for future expenses. However, the law places strict deadlines the time a claim has to be filed.
Statute of limitations
Modern technology and medical advances have helped reduce the risks of childbirth and pregnancy. However, birth defects and injuries still occur. If they're preventable, families should consider their legal options.
Many birth defect lawsuits stem from allegations of medical malpractice. These lawsuits can be based on mistakes made by doctors or nurses at any point during the birth, labor and delivery processes. Medical professionals can also be negligent after the birth of a baby by failing to provide the correct treatment.
Generally speaking, the time limit for these cases is 2.5 years from the date of the incident of medical malpractice. For infants, this period may be extended. It is important to consult an attorney early enough to ensure that all the evidence is collected, and that a timely complaint can be filed.
A lawsuit may be filed on behalf of a baby for birth defects that are caused by toxic and chemical exposures during pregnancy. Lawyers specially trained in birth defects are able to investigate these claims and bring them to trial on behalf of the family.
Parents should think about the following factors when choosing an attorney to represent them in a lawsuit involving birth injury or defect:
Medical Malpractice
Birth defects can cause a variety of mental and physical ailments. Some of them could be fatal. Some of these issues could be genetic while others are triggered by exposure to environmental factors or prescription drugs taken during pregnancy.
A medical professional or doctor could be accused of misconduct in the event of causing birth defects by their actions or inaction. These cases typically involve medical negligence during the birth or labor process. However, they could also include any act or failure to act that is not in the range of the medical standard of care, like failing to diagnose a problem or prescribing the wrong medicine during pregnancy.
One example is involving Teratogens. These medications can cause birth defects that are serious. During pregnancy, doctors typically advise women to not take this medication, which is used to treat seizures. If women are exposed to the drug then she should submit an action.
It is essential to select an attorney who has handled these types of cases. You should choose an attorney who has years of experience in this field and is on contingency, which means you won't be charged nothing until you win. Additionally, you should choose a lawyer who has excellent negotiation and communication skills. This will help to ensure that you submit your claim before the statute of limitations expires.
Prescription Drugs
A variety of birth defects cause physical or mental disabilities that require costly medical treatment and accommodations for the child. Most of the time, these issues are genetically inherited, but some of them can be caused by chemical or environmental exposure, or the medications the mother took during pregnancy.
Pharmaceutical manufacturers are required to test their products correctly and warn the public of any potential dangers. Unfortunately, some pharmaceutical companies fail to keep up-to-date with the latest research or fail to anticipate possible side consequences. Additionally, doctors can prescribe dangerous drugs to their patients and women may not receive the correct information regarding the dangers of taking certain drugs during pregnancy. These drugs, referred to as teratogens, may cause birth defects, including spina-bifida, in the fetus.
Other substances that could cause birth defects include chemicals that are used in manufacturing and agriculture, as well as heavy metals like mercury that are contaminating groundwater and air. Diane Paolicelli's career in law has been dedicated to fighting powerful corporations that expose women to toxic chemicals and substances that could affect their reproductive health or cause birth defects.
If you are filing a lawsuit against the parties responsible for your child's condition it is essential to gather as much evidence as you can. Included in this are ultrasound images and blood tests as well as medical bills that are incurred due to. This will help the attorney determine the worth of the case.
Product Liability
Pregnancy is among the most thrilling and stressful events in a woman's lifetime. But it's also a time where medical professionals often make mistakes that can cause birth defects. An experienced attorney can help parents in filing a claim and obtaining the compensation they deserve against those responsible for the handicap of their child.
While the causes of birth defects are typically unknown to medical experts but a large proportion of birth defects can be linked to exposure to chemicals or environmental factors. This can include parental contact with toxic chemicals at the workplace, such as glycol ethers and solvents used in semiconductor manufacturing, as well as agricultural chemicals for pesticides and spraying crops.
The manufacturers and the people who prescribe medications are also required to inform the public about the dangers of their products. However, a significant portion of these drugs are marketed off-label to women who are pregnant age, without warnings about the potential for birth defect lawyers 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 pharmaceutical and chemical companies. He concentrates his practice on cases where birth defects result from exposure to toxic chemicals in the home by parents, such as those employed in semiconductor manufacturing or agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.