10 Things Everybody Hates About Birth Defect Legal
Birth Defect Litigation
Parents want perfect children However, some accidents happen outside their control. When these injuries require special medical attention and expensive procedures, it can leave families with huge expenses.
A New York birth defect lawyer can assist parents in filing an action and receive compensation to cover future expenses. The law has strict time limits for when claims can be filed.
Statute of Limitations
Modern technology and medical advancements have helped reduce the risks of childbirth and pregnancy. Birth defects and injuries do remain a possibility. If they're preventable, families must consider their legal options.
Many birth defect lawsuits are based on allegations of medical malpractice. These lawsuits can be based on mistakes made by doctors or nurses at any point during the pregnancy, labor and delivery procedures. Medical professionals can also be negligent following the birth of a baby by failing to provide the correct treatment.
In general the statute of limitation for these cases are 2.5 years from the date of the medical mistake. The time frame can be extended to infants. It is essential to speak with a lawyer immediately to ensure that all evidence is collected, and that a timely complaint be filed.
A lawsuit may be filed on behalf of a child to claim birth defect attorneys defects caused by chemical and toxic exposures during 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 injury or defect:
Medical Malpractice
Birth defects can lead to a variety of mental and physical issues. Certain birth defect lawsuit (pop over to this site) defects could cause death. Some of these problems are genetic, but others are due to exposure to environmental factors or the use of prescription drugs during pregnancy.
A medical professional or doctor could be accused of malpractice in the event of causing birth defects by their actions or inaction. These cases typically are based on medical negligence during labor or delivery. They can also be a result of any other be in compliance with a standard of medical care, like, failing to diagnose an illness or prescribing incorrect medication during pregnancy.
One example is involving the teratogens. These medications can cause birth defects that are serious. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If an individual is exposed to the drug, then she should file an action.
It is important to select an attorney who has handled these types of cases. Look for a law firm that has a specialization in this field and operates on an on a contingency basis, meaning you don't have to pay any fees unless you are successful. Find an attorney who has great negotiation and communication skills. This will help to ensure that you file your claim before the statute of limitations expires.
Prescription Drugs
Many birth defects cause physical or mental disabilities that require costly medical treatment and accommodations for the child. These disorders are usually genetic, but they can also be caused by environmental or chemical exposure or the use of medications by the mother during pregnancy.
Pharmaceutical companies are required to test their products properly and inform the public about any potential risks. Unfortunately certain pharmaceutical companies don't keep up-to-date with current research or fail to anticipate potential side consequences. Some doctors recommend dangerous drugs to their patients. Some women are not aware of the risks associated with taking certain medications while pregnant. These medications are referred to as teratogens. They can cause birth defects within the fetus, such as spina Bifida.
Other substances that could cause birth defects are chemicals used in the manufacturing and agricultural industries, and heavy metals like mercury which contaminate air or groundwater. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women to toxic chemicals and other substances that affect their reproductive health and lead to birth defects.
If you decide to file lawsuits against the parties responsible for your child's condition it is crucial to gather as much evidence as you can. Included in this are ultrasound images, blood tests, and medical bills incurred due to. This information helps the attorney to determine the value of the case.
Product Liability
Pregnancy is one of the most exciting and nerve-wracking times in a woman's life. It's also a time when many medical professionals can make mistakes that lead to birth defects. A top lawyer can help parents bring a lawsuit against those responsible for their child's condition and obtain the justice they deserve.
Although the causes of birth defects are typically not understood by medical professionals but a large proportion of birth defects can be linked to exposure to chemicals or environmental causes. This can include parental contact with toxic chemicals in the workplace, for example glycolethers and solvents utilized in semiconductor manufacturing, and agricultural chemicals used for pesticides and spraying on crops.
The manufacturers and the people who prescribe medications also have a duty to warn the public about their risks. A majority of these drugs are marketed to pregnant women without warnings of the possibility of birth defects. This is particularly relevant for antidepressants like Prozac and Zoloft.
Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. His practice is centered around cases involving the occurrence of birth defects caused by parental exposure to toxic chemicals, such as the ones used in semiconductor manufacturing and agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.