Buzzwords De-Buzzed: 10 Different Ways To Say Birth Defect Legal
Birth Defect Litigation
Parents want their children to be perfect however, there are some injuries that occur outside of their control. Families may be left with a large bill when injuries require expensive procedures and special care.
A New York birth defect lawyer can help stunned parents file an appeal and obtain compensation to cover the cost of future expenses. However, the law imposes strict deadlines on when a claim needs to be filed.
Statute of Limitations
Modern medical technology and advances have aided in reducing the risks associated with childbirth, pregnancy and birth. Birth defects and injuries do remain a possibility. Families must consider their legal options when they can be prevented.
Many birth defect lawsuits are based on accusations of medical malpractice. These cases could involve mistakes committed by nurses or doctors staff at any stage of labor, pregnancy and birth. In addition, medical professionals can commit medical malpractice after the birth of a baby by failing to provide proper care.
Generally speaking, the time-limit for these cases is generally 2.5 years from when the act was committed of medical negligence. For infants, the time can be extended. However, it is important to seek legal counsel immediately to ensure that all evidence is collected and that a timely claim be filed.
A lawsuit may be filed on behalf of a child for birth defect attorney defects that are caused by toxic and chemical exposures during pregnancy. Specially trained birth defect lawyers can investigate and pursue these claims on behalf of the family.
Parents should be aware of the following factors when choosing an attorney to represent them in a lawsuit for birth injury or defect:
Medical Malpractice
Birth defects can cause various mental and physical problems. Some birth defects may cause death. Some of these issues could be genetic and others may be caused by exposure to environmental factors or prescription drugs taken during pregnancy.
A doctor or medical professional could be convicted of malpractice when they cause birth defects through their actions or inaction. The most common cases involve medical negligence during the birth or labor process. However, they can also be a result of any action or failure to act that falls short of a medical standard of care, like failing to diagnose a problem or prescribing the wrong medicine during pregnancy.
One such case involves Teratogens. These medications can cause birth defects that are serious. During pregnancy, doctors usually advise women to not take this medication, which is utilized in the treatment of seizures. If a pregnant woman is exposed to this drug, she should make an insurance claim.
It is essential to select an attorney who has handled these types of cases. You should choose an attorney with experience in this field and is on contingency, which means you won't be charged any fees until you win. Look for an attorney with outstanding negotiation and communication skills. This will help ensure that your claim is filed before the statute of limitations expires.
Prescription Drugs
Many birth defects cause physical or mental disabilities, which require expensive medical care and accommodations for the child. These problems are usually genetic, but they can also be caused by environmental or chemical exposure or medication taken by the mother during pregnancy.
Drug manufacturers have an obligation to adequately test their products and inform consumers of any potential risks. Sadly, some pharmaceutical companies do not keep up with research or foresee potential side consequences. Furthermore, doctors may prescribe dangerous medications to their patients and some women do not get proper information about the risks of taking certain medications during pregnancy. These drugs are known as teratogens and may cause birth defects in the fetus, including spina bifida.
Other substances that can cause birth defects are chemicals used in manufacturing and agriculture, as well as heavy metals like mercury, which are contaminating the groundwater or air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women chemicals and substances that affect their reproductive health and cause birth defects.
It is crucial to gather as many evidences as you can before filing a lawsuit against the parties responsible. Included in this are ultrasound images as well as blood tests and medical bills that are incurred due to. This information helps the attorney determine the worth of the case.
Product Liability
Pregnancy is among the most exciting and nerve-wracking events in a woman's lifetime. It's also a time where many medical professionals can make mistakes that cause birth defects. A reputable attorney can assist parents in filing an action and obtaining the amount they deserve from those responsible for the disability of their child.
Medical experts are not always able to pinpoint the causes of birth defects, however most of them can be attributed to chemical or environmental exposure. This can include parental contact with toxic chemicals in the workplace, such as glycolethers and solvents utilized in semiconductor manufacturing and agricultural chemicals used for pesticides and crop spraying.
Additionally, the manufacturers and those who prescribe prescription medicines have a responsibility to inform people of their risks. Yet, a large percentage of these drugs are marketed off-label to women who are pregnant age without proper 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 defects lawsuits against pharmaceutical and chemical companies. He focuses his practice on cases involving the occurrence of birth defects caused by parental exposure to toxic chemicals, which includes those in semiconductor manufacturing and agriculture. He graduated from the American University in Washington, D.C., and Suffolk University Law School.