10 Things People Hate About Birth Defect Legal
Birth Defect Litigation
Some injuries are beyond the parents' control. Families could be faced with huge bills when these injuries require costly procedures and specialized care.
A New York birth defect attorney can help parents who are in shock to file an action to receive compensation for future expenses. However, the law has strict deadlines on the time a claim has to be filed.
Statute of Limitations
Modern technology and medical advancements have helped reduce the risks associated with childbirth and pregnancy. However birth defects and injuries still occur. When they are preventable, families must consider their legal options.
Many birth defect lawsuits stem from allegations of medical malpractice. These cases may involve mistakes committed by nurses or doctors at any time during the pregnancy, labor and delivery processes. Medical professionals may also commit malpractice after the birth defect law firms of a child when they fail to provide the proper treatment.
Generally, the time limit for these cases is generally 2.5 years from the date of the act of medical malpractice. This time period can be extended for infants. It is crucial to consult a lawyer immediately to ensure that all the evidence is collected, and that a timely complaint 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 occur during the mother's pregnancy. Specially trained birth defect lawyers can examine the claims and then prosecute them on behalf of the family.
When selecting an attorney for a birth injury or defect lawsuit parents should look for the following characteristics:
Medical Malpractice
Birth defects can lead to a wide range of physical or mental problems. Some of them could be fatal. Some of these problems are genetic, but others are caused by exposure to the environment or the use of prescription drugs during pregnancy.
Medical professionals or doctors could be accused of malpractice when they cause birth defects through their actions or inaction. The most common cases involve medical negligence during labor or delivery. However, they can also be a result of any action or failure to act that is in violation of a medical standard of care, such as failing to recognize a medical issue or prescribing the wrong 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 utilized in the treatment of seizures. If a pregnant woman is exposed to this medication, she must file an insurance claim.
It is vital to choose an attorney who has experience in these types of cases. Find a firm that is experienced in this field and operates on the basis of a contingent fee, which means there is no cost unless you win. Also, search for an attorney with excellent communication and negotiation skills. This can help ensure that your claim is filed before the time for filing expires.
Prescription Drugs
Many birth defects result in physical or mental disabilities that require costly medical treatment and accommodations for the child. These problems are usually genetic, but they can also be caused by chemical or environmental exposure or the use of medications by the mother during pregnancy.
Pharmaceutical manufacturers are required to test their products thoroughly and inform consumers of any potential risks. Unfortunately some pharmaceutical companies are not keeping up-to-date with the latest research or fail to anticipate possible side consequences. Furthermore, doctors may prescribe dangerous medications to their patients and women may not receive the correct information regarding the risks of taking certain drugs during pregnancy. These drugs, also known as teratogens, may cause birth defects, like spina-bifida that can occur in the fetus.
Other substances that can cause birth defects include chemicals employed in the production and agricultural industries, as well as heavy metals such as mercury, which are contaminating the air or groundwater. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women chemicals and substances that can damage their reproductive health and lead to birth defects.
If you decide to file an action against the parties that are accountable for your child's health it is essential to gather as much evidence as you can. Included in this are any ultrasound images as well as blood tests and medical bills that are incurred due to. This allows the attorney to determine the financial worth of the case.
Product Liability
Pregnancy is among the most exciting, yet stressful experiences in a woman's lifetime. It's also a time when many medical professionals can make mistakes that cause birth defects. An experienced attorney can help parents make a claim against those responsible for their child's condition and obtain the justice they deserve.
Medical experts aren't always able to determine the exact cause of birth defects, but a large number can be caused by environmental or chemical exposure. This can include exposure by parents to harmful chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used for spraying for crops and pesticides.
The pharmaceutical companies and those who prescribe medicines must also warn the public about their risks. A significant portion of these drugs is marketed to women who are expecting without warnings about the possibility of birth defects. This is particularly applicable to antidepressants such Prozac and Zoloft.
Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. He concentrates his practice on cases where birth defects result from parental exposure to toxic chemical like those used in semiconductor manufacturing or farming. He graduated of the American University in Washington, D.C. as well as Suffolk University Law School.