The Advanced Guide To Birth Defect Legal
Birth Defect Litigation
Some injuries are beyond the parents of their 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 assist parents grieving and file a claim to get compensation for future expenses. The law has strict deadlines on when claims can be filed.
Statute of Limitations
Modern technology and medical advances have helped to reduce the risks that come with childbirth and pregnancy. Birth defects and injuries do persist. If they can be prevented, families must explore their legal options.
Many birth defect suits are founded on allegations that medical malpractice occurred. These cases could involve mistakes made by nurses or doctors at any time during the labor and delivery procedures. Medical professionals may also commit malpractice after the birth of a child by failing to provide the correct treatment.
Generally, the time-limit for these cases is generally 2.5 years from the date of the act of medical negligence. For infants, the time can be extended. However, it is important to seek legal advice as soon as you can to ensure that all evidence is obtained and that a timely claim can be filed.
A lawsuit can be filed on behalf of a child in relation to birth defects that are caused by toxic and chemical exposures during the pregnancy. Lawyers specially trained in birth defects can investigate and defend these claims on behalf of the family.
Parents should think about the following factors when choosing an attorney to represent them in a lawsuit involving birth defect or injury:
Medical Malpractice
Birth defects can lead to numerous mental or physical issues. Some birth defects may cause death. Some of these problems are genetic, but others are due to exposure to environmental factors or the usage of prescribed drugs during pregnancy.
A medical professional or doctor could be accused of malpractice if they cause birth defects due to their actions or inaction. The most common cases involve medical negligence during the birth or labor process. They may also involve any be in compliance with a standard of medical treatment, for instance, failing to diagnose an illness or prescribing incorrect medication during pregnancy.
One such case involves teratogens. These drugs can result in birth defect lawyers defects that are serious. When pregnant, doctors usually advise women to stay clear of this medication, which is used in the treatment of seizures. If women are exposed to the drug then she must submit a claim.
It is crucial to select an attorney who has experience in these types of cases. Look for a law firm that specializes in this area, and works on the basis of a contingent fee, which means you won't have to pay a dime unless you are successful. Choose an attorney with great negotiation and communication skills. This will help ensure that you make your claim in time before the time for filing expires.
Prescription Drugs
A lot of birth defects can cause physical or mental disabilities, that require expensive medical treatment and accommodations for the child. Most of the time, these issues are genetically inherited, but some of them can be caused by environmental or chemical exposure, or medications that the mother consumed during pregnancy.
Drug manufacturers are required to test their products correctly and warn the public of any potential risks. Unfortunately certain pharmaceutical companies are not keeping up to date with the latest research or fail to anticipate potential side effects. Furthermore, doctors may prescribe dangerous drugs to patients and women may not receive the correct information regarding the risks of taking certain medications during pregnancy. These medications are referred to as teratogens and can cause birth defects within the fetus. This includes spina bifida.
Other substances that could cause birth defects are chemicals used in the manufacturing and agricultural industries, as well as heavy metals such as mercury that pollute groundwater and air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations which expose women to harmful chemicals and substances that can harm their reproductive health and lead to birth defects.
If you are filing a lawsuit against the parties accountable for your child's condition, it is important to gather as much evidence as you can. Included in this are any ultrasound images and blood tests as well as medical bills that are incurred as a result. This information will help attorneys determine the worth of the case.
Product Liability
Pregnancy is among the most exciting and nerve-wracking moments in a woman's life. It's also the time that medical professionals make mistakes that cause birth defects. An experienced attorney can help parents make a claim against those who are responsible for their child's disabilities and receive the amount of compensation they deserve.
Medical experts are not always able of determining the exact cause of birth defects, but many of them can be attributable to environmental or chemical exposure. This can include exposure by parents to toxic chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used in spraying crops and pesticides.
The manufacturers and the people who prescribe medications also have a duty to warn the public about the risks. A majority of these drugs are marketed to pregnant women without warnings of the potential for birth defects. This is especially applicable to antidepressants, such as 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 involving the occurrence of birth defects resulting from parental exposure to toxic chemicals such as those used in semiconductor manufacturing as well as agriculture. He graduated of the American University in Washington, D.C., and Suffolk University Law School.