Five Killer Quora Answers To Birth Defect Legal
Birth Defect Law Firms Defect Litigation
Some injuries are beyond the parents' control. Families could be faced with a huge bill when injuries require costly procedures and special treatment.
A New York birth defect attorney can assist parents who are in shock to file an appeal to be compensated for future expenses. However, the law puts strict deadlines on when a claim should be filed.
Statute of Limitations
Modern technology and medical advances have helped to reduce the risks associated with pregnancy and childbirth. Birth defects and injuries do persist. If they're preventable families must explore their legal options.
Many birth defect suits are based on allegations of medical malpractice that occurred. These lawsuits can be based on mistakes made by doctors or nurses at any time during labor and delivery procedures. Medical professionals can also be guilty of malpractice following the birth of a baby by failing to provide the correct treatment.
In general, the statutes of limitation for these cases are 2.5 years from the date of the medical error. The time frame can be extended for infants. But, it is crucial to seek legal counsel as soon as possible to ensure that all evidence is obtained and that a timely claim be filed.
A lawsuit can be filed on behalf of a child for birth defects that are caused by toxic and chemical exposures during the pregnancy. Specially trained birth defect lawyers can examine these claims and bring them to trial on behalf of the family.
When selecting an attorney for a birth defect or birth injury lawsuit parents should consider the following characteristics:
Medical Malpractice
Birth defects can result in numerous mental or physical problems. Certain birth defects could cause death. Some of these issues are inherited, while others are caused by exposure to environmental factors or the usage of prescription medications during pregnancy.
Medical professionals or doctors could be convicted of malpractice when they cause birth defects through their actions or inaction. These cases typically are based on medical negligence during labor or delivery. However, they can include any act or failure to act that falls short of a medical standard of care, such as failing to diagnose a condition or prescribing the wrong medication during pregnancy.
One instance of situation is a drug called teratogens. It can cause birth defects that are serious. During pregnancy, doctors usually advise women to avoid taking this medication, which is commonly used in the treatment of seizures. If a woman who is pregnant is exposed to this medication, she must file a claim.
It is important that you choose an attorney who has experience in these types of cases. Look for a law firm that is experienced in this area and operates on the basis of a contingent fee, which means you won't have to pay a dime unless you win. Additionally, you should choose a lawyer who has excellent communication and negotiation abilities. This will help to ensure that you make your claim in time before the statute of limitation expires.
Prescription Drugs
Many birth defects lead to mental or physical disabilities, that require costly medical treatment and accommodations for the child. These conditions are often genetic, but they may also be caused by chemical or environmental exposure, or by medications taken by the mother during pregnancy.
Pharmaceutical companies are required to test their products correctly and inform the public of any potential dangers. Unfortunately some pharmaceutical companies do not keep up with research or anticipate potential side consequences. Some doctors prescribe dangerous drugs to their patients and some women aren't aware of the risks associated with taking certain medications during pregnancy. These drugs, also known as teratogens, may cause birth defect law firm defects, such as spina-bifida in the fetus.
Other substances that could cause birth defects include chemicals used in manufacturing and agriculture and heavy metals, like mercury, which are contaminating the groundwater or the air. Diane Paolicelli's career in law has been dedicated to fighting powerful corporations that expose women to toxic chemicals and substances that can cause harm to their reproductive health and cause birth defects.
It is essential to gather as many evidences as you can before filing a suit against the responsible parties. Included in this are any ultrasound images and blood tests as well as medical bills incurred due to. This information assists the attorney determine the value of the case.
Product Liability
Pregnancy is one of the most exciting and nerve-wracking moments in a woman's life. But it's also a period when medical professionals can make mistakes that could cause birth defect law firms defects. A top attorney can assist parents in filing an appeal and gaining the compensation they deserve against those responsible for the disability of their child.
Medical experts aren't always able to pinpoint the specific cause of birth defects, but most of them can be caused by environmental or chemical exposure. This could be due to contact by parents with toxic chemicals at the workplace, for example glycol ethers and solvents used in semiconductor manufacturing, as well as agricultural chemicals used for pesticides as well as spraying of crops.
Manufacturers and those who prescribe medicines also have a duty to warn the public about the risks. Yet, a large percentage of these drugs are sold off-label to women of childbearing age without warnings regarding the potential for birth defects. This is particularly true for antidepressants such as 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 where birth defects result from exposure to toxic chemicals in the home by parents, such as those employed in the manufacture of semiconductors or in agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.