Are You Getting The Most The Use Of Your Birth Defect Legal
Birth Defect Litigation
Some injuries are beyond the parents of their control. If injuries that result from these accidents require special care and costly procedures, it could cause families to incur huge costs.
A New York birth defect lawyer can assist parents in filing claims and receive compensation to cover future costs. The law has strict deadlines on when a claim can be filed.
Statute of limitations
Modern medical technology and advancements in medical science have made it possible to reduce the risks that are associated with childbirth, pregnancy and birth. Birth defects and injuries remain a possibility. If they're preventable, families need to explore their legal options.
Many birth defect lawsuits stem from allegations of medical malpractice. These cases could involve mistakes committed by nurses or doctors personnel at any stage of labor, pregnancy and birth. Additionally medical professionals can be guilty of medical malpractice after the birth of a child by failing to provide the correct treatment.
In general, the statutes of limitations for these cases is 2.5 years from the date of the medical negligence. The time frame may be extended for infants. It is important to consult an attorney immediately 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 child in relation to birth defects caused by chemical and toxic exposures during the pregnancy. Specially trained birth defect lawyers can investigate and pursue these claims on behalf of the family.
Parents should be aware of the following aspects when choosing an attorney to represent them in a lawsuit involving birth defects or injuries:
Medical Malpractice
Birth defects can result in an array of mental or physical problems. Certain birth defects could cause death. Some of these issues may be genetic while others are triggered by exposure to the environment or prescription medications used during pregnancy.
A medical professional or doctor could be accused of malpractice when they cause birth defects by their actions or inaction. These cases are usually due to medical negligence during labor or delivery. They can also be a result of any perform a task that is not within the standard of medical treatment, for instance the failure to diagnose an illness or prescribing incorrect medication during pregnancy.
One of these cases involves Teratogens. These medications can lead to serious birth defects. Doctors usually advise women not to take this medication during pregnancy. It is used to treat seizures. If an individual is exposed to the drug it is recommended that she make a claim.
It is important to choose an attorney with experience handling these types of cases. You should choose a firm that has years of experience in this field and works on contingency, so you don't pay any fees until you win. Find an attorney who has excellent communication and negotiation skills. This will ensure that your claim is filed before the time limit expires.
Prescription Drugs
Many birth defects result in mental or physical disabilities, that require expensive medical treatment and accommodations for the child. These disorders are usually caused by genetics, but can also be caused by environmental or chemical exposure or medications taken by the mother during pregnancy.
Pharmaceutical manufacturers are required to test their products thoroughly and warn the public of the potential dangers. Sadly, some pharmaceutical companies fail to keep up with the latest research or anticipate possible side effects. Additionally, doctors can prescribe dangerous drugs to patients and women may not get proper information about the risks associated with taking certain medications during pregnancy. These medications are referred to as teratogens, and they can cause birth defects in the fetus, including spina Bifida.
Other substances that could cause birth defects are chemicals used in the agricultural and manufacturing industries, as well as heavy metals like mercury, which pollute groundwater and air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations which expose women to harmful chemicals and substances that could affect their reproductive health and lead to birth defects.
It is important to collect as all evidence you can before filing a suit against the parties responsible. Included in this are ultrasound images or blood tests, as well as medical bills that are incurred due to. This information helps the attorney to determine the 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 that medical professionals are prone to making mistakes that can lead to birth defects. A top attorney can assist parents in filing an action and obtaining the compensation they deserve against those responsible for the disability of their child.
Although the causes of birth defects are usually unknown to medical professionals however, a significant proportion can be linked to environmental or chemical exposure. This could include contact from parents with toxic chemicals at the workplace, like glycolethers and solvents utilized in semiconductor manufacturing, and agricultural chemicals for pesticides and spraying crops.
The manufacturers and the people who prescribe medications also have a duty to warn the public about the dangers of their products. A significant portion of these drugs is marketed to women who are pregnant without warnings of the possibility of birth defect. This is especially applicable to 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 is centered around cases where birth defects result from exposure to toxic chemicals by parents such as those employed in the manufacture of semiconductors or in agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.