15 Reasons To Not Ignore Birth Defect Legal
Birth Defect Litigation
Parents want perfect babies However, some injuries occur 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 shocked to file claims to obtain compensation for future expenses. However, the law places strict deadlines for when a claim should be filed.
Statute of Limitations
Modern technology and medical advancements have helped to reduce risks associated with childbirth, pregnancy and birth. However, birth defects and injuries continue to occur. Families should consider their legal options when they are preventable.
Many birth defect lawsuits stem from allegations of medical malpractice. These cases can involve errors made by nurses or doctors at any time during labor and delivery processes. Medical professionals may also be negligent following the birth of a baby when they fail to provide the proper treatment.
In general the statute of limitations for these cases are 2.5 years from the date of the medical negligence. For infants, this time can be extended. However, it is essential to seek legal advice early enough to ensure that all evidence is obtained and that a timely claim be filed.
In addition to medical malpractice, a suit can also be brought on behalf of an infant for birth defects that result from wrongful toxic and chemical exposures that take place during the mother's pregnancy. Specially trained birth defects lawyers can investigate these claims and pursue them on behalf of the family.
Parents should consider the following aspects when choosing an attorney to represent them in a lawsuit for birth injury or defect:
Medical Malpractice
Birth defects can lead to various mental and physical issues. Some of them can be fatal. Some of these problems are genetic, but others are caused by environmental exposures or the use of prescription drugs during pregnancy.
A doctor or medical professional may be accused of malpractice when they cause birth defects through their actions or inaction. These cases are usually based on medical negligence during delivery or labor. They may also involve any act of failure to be in compliance with a standard of medical care, for example the failure to diagnose an illness or prescribing incorrect medication during pregnancy.
One such case involves Teratogens. These drugs can cause serious birth defects. During pregnancy, doctors typically recommend women not to take this medication, which is commonly used in the treatment of seizures. If a woman who is pregnant is exposed to this medication, she must make an insurance claim.
It is important to select an attorney who has handled these kinds of cases. You should choose a firm that has extensive experience in this field. It also is on contingency, which means you don't pay anything until you win. Also, search for an attorney who has strong negotiation and communication abilities. This will help ensure that you make your claim in time before the statute of limitations expires.
Prescription Drugs
Many birth defects can cause physical or mental disabilities that require expensive medical treatment and accommodations for the child. Often, these conditions are inherited, but a few of them can be caused by chemical or environmental exposure, or the medications the mother was taking during pregnancy.
Drug makers are required to test their products correctly and warn the public of the potential dangers. Unfortunately certain pharmaceutical companies do not keep up with research or anticipate the potential adverse effects. Certain doctors prescribe dangerous medications to their patients, and some women are not aware of the dangers associated with using certain drugs during pregnancy. These drugs are known as teratogens. They could cause birth defects in the fetus including spina bifida.
Other substances that can cause birth defects are chemicals used in manufacturing and agriculture and heavy metals, like mercury that are contaminating air or groundwater. Diane Paolicelli's legal profession has been dedicated to fighting powerful corporations who expose women to harmful chemicals and substances that may harm their reproductive health or lead to birth defects.
If you are filing lawsuits against the people who are responsible for your child's illness it is essential to gather as much evidence as possible. Included in this are ultrasound images as well as blood tests and medical bills incurred due to. This will help the attorney determine the monetary worth of the case.
Product Liability
Pregnancy is among the most exciting, yet anxious experiences of the life of a woman. It's also a time where medical professionals are prone to making mistakes that result in birth defects. A top lawyer can help parents file a claim against those responsible for their child's condition and receive the amount of compensation they deserve.
Medical professionals aren't always able determine the exact cause of birth defects, but a large number can be due to environmental or chemical exposure. This could include contact from parents with toxic chemicals in the workplace, for example solvents and glycol ethers used in semiconductor manufacturing, as well as chemical pesticides used in agriculture and spraying on crops.
The manufacturers and the people who prescribe medications are also obliged to inform the public about their risks. A large number of these medications are sold to women who are pregnant, without warnings about the possibility of birth defects. This is particularly true for antidepressants such as Prozac and Zoloft.
Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in Birth defect lawsuits (offmarketbusinessforsale.com) against pharmaceutical and chemical companies. He concentrates his practice on cases involving the occurrence birth defects resulting from parental exposure to toxic chemicals, such as the ones used in semiconductor manufacturing and agriculture. He is a graduate of the American University in Washington, D.C., and Suffolk University Law School.