10 Things Everybody Hates About Birth Defect Legal
Birth Defect Litigation
Some injuries are beyond the parents or their control. When injuries require specialized treatment and expensive procedures, it could result in huge costs for families.
A New York birth defect attorney can assist parents in shock file an action to receive compensation for future expenses. The law has strict time limits for when claims can be filed.
Statute of limitations
Modern technology and medical advances have helped to reduce the risks of childbirth and pregnancy. However, birth defects and injuries continue to occur. When they are preventable, families must explore their legal options.
Many birth defect lawsuits are founded on allegations of medical malpractice. These cases can involve mistakes committed by nurses or doctors staff at any time during labor, pregnancy and birth. Medical professionals can also be negligent after the birth of a baby in the event that they fail to provide appropriate treatment.
Generally speaking, the time-limit for these cases is 2.5 years from when the act was committed of medical malpractice. This time frame is extended for infants. It is important to consult a lawyer as soon as you can to ensure that all evidence is gathered, and that a timely complaint can be filed.
In addition to medical malpractice, a suit could also be filed on behalf of an infant for birth defects caused by improper toxic and chemical exposures that take place during the mother's pregnancy. Specially trained birth defect lawyers can investigate and pursue these claims on behalf of the family.
Parents should take into consideration the following characteristics when choosing an attorney to represent them in a suit for birth defects or birth injuries:
Medical Malpractice
Birth defects can trigger many mental or physical ailments. Some birth defects can be fatal. Some of these issues may be caused by genetics, while others are caused by exposure to the environment or prescription drugs taken during pregnancy.
A doctor or medical professional could be accused of malpractice when they cause birth defects due to their actions or inaction. These cases typically involve medical negligence during labor or delivery. They can also be a result of any other perform a task that is not within the standard of medical care, such as, failing to diagnose an illness or prescribing incorrect medication during pregnancy.
One instance of situation involves a drug called teratogens, which can cause serious birth defect lawsuit defects. In the course of pregnancy, doctors generally recommend women not to take this medication, which is utilized in the treatment of seizures. If a pregnant woman is exposed to this drug, she should submit a claim.
It is essential to select an attorney who has handled these types of cases. You should look for a firm with expertise in this area and is based on contingency, meaning that you won't have to pay anything until you are successful. Look for an attorney who has excellent communication and negotiation skills. This will help ensure that you file your claim before the time for filing expires.
Prescription Drugs
Many birth defects lead to physical or mental disabilities, which require expensive medical care and accommodations for the child. These issues are often genetic, but they may also be caused by environmental or chemical exposure, or by medications taken by the mother during pregnancy.
Pharmaceutical manufacturers are required to ensure that their products are tested properly and inform consumers of any risks. Sadly certain pharmaceutical companies do not keep up with research or anticipate the potential adverse effects. Some doctors recommend dangerous drugs to their patients. Some women are not aware of the risks associated with taking certain drugs while pregnant. These drugs are referred to as teratogens, and they may cause birth defects in the fetus, such as spina bifida.
Other substances that could cause birth defects are chemicals used in manufacturing and agriculture as well as heavy metals such as mercury that are contaminating air or groundwater. Diane Paolicelli's legal profession has been focused on fighting powerful corporations that expose women to harmful chemicals and substances that could affect their reproductive health or lead to birth defects.
It is important to collect as the evidence you can before making a claim against the parties accountable. This includes any ultrasound images, blood tests and medical bills that arose as a result of the birth defect law firm defect. This helps the attorney establish the monetary worth of the case.
Product Liability
Pregnancy is one of the most thrilling and stressful moments in a woman's life. It's also a time when medical professionals make mistakes that cause birth defects. A reputable attorney can assist parents in filing an appeal and gaining the money they deserve from those responsible for the disability of their child.
Medical experts are not always able to determine the specific cause of birth defects, but the majority of them can be caused by environmental or chemical exposure. This can include parental exposure to toxic chemicals in the workplace such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used in crop spraying and pesticides.
In addition, the manufacturer and those who prescribe prescription drugs are required to inform people of their risks. A large number of these drugs are marketed to women who are pregnant without warnings of the possibility of birth defects. This is especially true for 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 are caused by parental exposure to toxic chemical such as those that are employed in the manufacture of semiconductors or in agriculture. He graduated from the American University in Washington, D.C. as well as Suffolk University Law School.