This Is The Advanced Guide To Birth Defect Legal
Birth Defect Litigation
Parents want perfect children However, some accidents happen beyond their control. Families could be faced with huge bills when these injuries require costly procedures and special treatment.
A New York birth defect attorney can assist parents who are in shock file claims to obtain compensation for future expenses. However, the law imposes strict time limitations on the time a claim has to be filed.
Statute of limitations
Modern medical technology and advances have helped to reduce risks related to pregnancy, childbirth and birth defect lawsuit. However, birth defects and injuries still occur. If they can be prevented, families must consider their legal options.
Many birth defect lawsuits stem from allegations of medical malpractice. These lawsuits can result from mistakes committed by nurses or doctors staff at any stage of labor, birth and pregnancy. Medical professionals may also commit malpractice after the birth of a baby by failing to provide the correct treatment.
Generally speaking, the time limit for these cases is generally 2.5 years from the date of the occurrence of medical negligence. For infants, this period can be extended. It is nevertheless important to seek legal counsel as soon as you can to ensure that all evidence has been collected and that a timely claim be filed.
In addition to medical malpractice, a suit could also be filed on behalf of a baby for birth defects resulting from improper toxic and chemical exposures that occur during a mother's pregnancy. Lawyers specially trained in birth defects can investigate and defend these claims on behalf of the family.
Parents should consider the following qualities when selecting an attorney to represent them in a lawsuit for birth defects or injuries:
Medical Malpractice
Birth defects can lead to a variety of physical and mental problems. Some of them can be fatal. Some of these problems are caused by genetics, while others are caused by environmental exposures or the use of prescription medications during pregnancy.
A doctor or medical professional may be accused of malpractice when they cause birth defects due to their actions or inaction. The majority of these cases are based on medical negligence in labor or delivery. However, they can include any act or failure to act that is not in the range of the medical standard of care, for instance, failing to diagnose a condition or prescribing the wrong medication during pregnancy.
One example of this type of case involves a medication called teratogens. This medication can cause serious birth defects. In the course of pregnancy, doctors generally advise women to not take this medication, which is commonly used in the treatment of seizures. If a pregnant woman is exposed to this drug, she should make a claim.
It is essential to select an attorney who has prior experience in these types of cases. Find a firm that is experienced in this area and operates on an hourly basis, which means there is no cost unless you win. Find an attorney who has excellent communication and negotiation skills. This will help ensure that your claim is filed before the statute of limitations expires.
Prescription Drugs
Many birth defects cause mental or physical disabilities which require costly medical care and accommodations for the child. These problems are usually genetic, but can also be caused by chemical or environmental exposure or medications taken by the mother during pregnancy.
Pharmaceutical manufacturers are required to ensure that their products are tested properly and warn consumers about any potential risks. Sadly some pharmaceutical companies fail to keep up with the latest research or anticipate the potential adverse consequences. Some doctors recommend dangerous drugs to their patients. Some women are not informed about the dangers associated with taking certain drugs while pregnant. These drugs are known as teratogens and may cause birth defects in the fetus, such as spina Bifida.
Other substances that may cause birth defects include chemicals used in manufacturing and agriculture as well as heavy metals like mercury, which are contaminating the groundwater or the air. Diane Paolicelli's legal career is focused on fighting powerful corporations who expose women to toxic chemicals and substances that could damage their reproductive health or lead to birth defects.
It is important to collect as many evidences as you can before filing a suit against the party responsible. This includes blood tests, ultrasound images and medical bills that arose due to the birth defect. This will help the attorney determine the worth of the case.
Product Liability
Pregnancy is among the most exciting and nerve-wracking moments in a woman's life. But it's also a time when medical professionals can make mistakes that could lead to birth defect lawyer defects. A top attorney can help parents bring a lawsuit against those accountable for their child's handicap and get the compensation they deserve.
Medical experts aren't always able to determine the exact cause of birth defects, but many of them can be attributable to environmental or chemical exposure. This could include contact from parents with toxic chemicals at the workplace, for example glycolethers and solvents utilized in semiconductor manufacturing as well as agricultural chemicals used for pesticides and spraying on crops.
The manufacturers and the people who prescribe medications are also obliged to warn the public about their risks. However, a lot 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 defects lawsuits against pharmaceutical and chemical companies. He concentrates his practice on cases where birth defects are caused by exposure to toxic chemicals by parents like those employed in semiconductor manufacturing or farming. He is a graduate of the American University in Washington, D.C., and Suffolk University Law School.