11 Ways To Fully Redesign Your Birth Defect Legal
Birth Defect Litigation
Some injuries are beyond the parents in their control. Families may be left with a huge bill when injuries require costly procedures and special treatment.
A New York birth defect lawyer can assist parents who are shocked to file an appeal and obtain compensation to cover future costs. However, the law imposes strict deadlines for when a claim should be filed.
Statute of Limitations
Modern medical technology and advancements in medical science have reduced the risks that are associated with childbirth, pregnancy and birth. Birth defects and injuries remain a possibility. Families should consider their legal options when they are preventable.
Many birth defect lawsuits are based upon allegations of medical malpractice. These lawsuits can result from mistakes committed by nurses or doctors staff at any stage of labor, pregnancy and birth. Medical professionals may also be guilty of malpractice following the birth of a baby when they fail to provide the proper treatment.
In general the statute of limitations in these cases are 2.5 years after the date of the medical malpractice. The time limit is extended for infants. It is essential to speak with an attorney as soon as you can to ensure that all evidence is gathered, and that a timely complaint be filed.
A lawsuit may be filed on behalf of a child in relation to birth defects that are caused by toxic and chemical exposures during pregnancy. Specially trained birth defect lawyers can investigate and bring these cases on behalf of the family.
Parents should be aware of the following aspects when choosing an attorney to represent them in a suit for birth injury or defect:
Medical Malpractice
Birth defects can lead to various mental and physical issues. Some may even be fatal. Some of these problems are inherited, whereas others are due to exposure to the environment or the use of prescription drugs during pregnancy.
A doctor or medical professional may be accused of malpractice when they cause birth defects by their actions or inaction. These cases typically involve medical negligence during labor or delivery. However, they may also be a result of any action or failure to act that is not in the range of a medical standard of care, such as failing to diagnose a problem or prescribing the wrong medicine during pregnancy.
One such case involves teratogens. These drugs can cause birth defects that are serious. During pregnancy, doctors typically advise women to not take this medication, which is utilized in the treatment of seizures. If a pregnant woman is exposed to this drug, she should make an insurance claim.
It is important to choose an attorney who is experienced in handling these kinds of cases. It is best to choose a firm that has extensive experience in this field. It also works on contingency, so you won't have to pay anything until you are successful. Find an attorney who has great negotiation and communication skills. This will ensure that you file your claim before the time for filing expires.
Prescription Drugs
A variety of birth defects cause mental or physical disabilities that require costly medical treatment and accommodations for the child. The majority of these problems are genetic, but some of them are caused by chemical or environmental exposure, or medications that the mother took while pregnant.
Pharmaceutical companies are required to test their products thoroughly and inform the public of any risks that could be present. Unfortunately certain pharmaceutical companies are not keeping up-to-date with current research or fail to anticipate possible adverse effects. Some doctors prescribe dangerous drugs to their patients, and some women aren't aware of the risks of taking certain drugs while pregnant. These drugs, also known as teratogens may cause birth defects, like spina-bifida in the fetus.
Other substances that could cause birth defects are chemicals used in the manufacturing and agricultural industries, and heavy metals such as mercury that can contaminate groundwater or air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations which expose women to harmful chemicals and substances that could affect their reproductive health and lead to birth defects.
If you are filing lawsuits against the people accountable for your child's condition It is crucial to gather as much evidence as possible. This includes any ultrasound scans, blood tests, and medical bills that arise because of the birth defect. This will help the attorney determine the worth of the case.
Product Liability
Pregnancy is among the most thrilling and stressful times in a woman's life. It's also a time where medical professionals can make mistakes that cause birth defects. An experienced attorney can assist parents bring a lawsuit against those responsible for their child's condition and get the compensation they deserve.
Medical experts are not always able to determine the causes of birth defects, however a large number can be caused by environmental or chemical exposure. This can include parental exposure to toxic chemicals at work, such as glycol ethers and solvents in semiconductor manufacturing, as well as agricultural chemicals used for pesticides and crop spraying.
In addition, manufacturers and those who prescribe prescription medicines are required to inform patients of the risks. However, a significant portion of these drugs are sold off-label to women of childbearing age, without warnings about the potential for birth defects. This is particularly true for antidepressants like 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 focuses his practice on cases involving the occurrence birth defect attorneys defects resulting from exposure of parents to toxic chemicals, which includes the ones used in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.