This Is The Advanced Guide To Birth Defect Legal
Birth Defect Litigation
Parents want perfect babies However, some injuries occur beyond their control. Families can be left with a large bill when injuries require costly procedures and special care.
A New York birth defect lawyer can assist parents in filing an action and receive compensation to cover future costs. However, the law puts strict deadlines the time a claim has to be filed.
Statute of Limitations
Modern technology and medical advances have helped to reduce the risks of childbirth and pregnancy. However birth defects and birth defect lawyers injuries still occur. When they are preventable, families must explore their legal options.
Many birth defect lawsuits are founded on allegations of medical malpractice. These lawsuits can result from mistakes committed by nurses or doctors personnel at any stage of labor, birth and pregnancy. In addition medical professionals may be guilty of medical malpractice following the birth of a child if they fail to provide the correct treatment.
Generally speaking, the statute of limitations in these cases is 2.5 years from the date of the occurrence of medical negligence. For infants, this is sometimes extended. It is essential to speak with an attorney whenever you can to ensure that all evidence is gathered, and that a timely complaint can be filed.
In addition to medical malpractice, a suit may also be filed on behalf of a baby for birth defects that result from wrongful exposure to chemicals and toxic substances that take place during the mother's pregnancy. Specially trained birth defect lawyers can investigate and bring these cases on behalf of the family.
When selecting an attorney for a birth injury or defect lawsuit parents should be looking for the following characteristics:
Medical Malpractice
Birth defects can result in a wide range of physical or mental problems. Some birth defects can cause death. Some of these issues could be genetic, while others are caused by environmental exposures or prescription drugs taken during pregnancy.
A doctor or medical professional can be accused of negligence when they cause birth defects by their actions or inaction. These cases typically involve medical negligence during the birth or labor process. They can also include any be in compliance with a standard of medical care, such as not diagnosing an illness or prescribing incorrect medication during pregnancy.
One such case involves the teratogens. These drugs can result in serious birth defects. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If a pregnant woman is exposed to this medication, she must make an insurance claim.
It is important to select an attorney who has experience in handling these types of cases. Find a firm that is specialized in this area, and works on an hourly basis, which means you don't pay anything unless you win. Also, you should look for an attorney with excellent communication and negotiation skills. This will ensure that you file your claim before the statute of limitation expires.
Prescription Drugs
Many birth defects result in physical or mental disabilities that require costly medical treatment and accommodations for the child. Most of the time, these issues are genetically inherited, but some of them can be caused by chemical or environmental exposure, or by medications the mother was taking during pregnancy.
Pharmaceutical companies are required to test their products thoroughly and warn the public of the potential dangers. Unfortunately, some 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 are not informed about the risks of taking certain drugs while pregnant. These medications are referred to as teratogens and can cause birth defects in the fetus, including spina bifida.
Other substances that may cause birth defects include chemicals used in manufacturing and agriculture as well as heavy metals like mercury, which are contaminating the air or groundwater. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women to harmful chemicals and other substances that affect their reproductive health and lead to birth defects.
It is crucial to gather as many evidences as you can before filing a lawsuit against the parties responsible. Included in this are any ultrasound images, blood tests, and medical bills incurred due to. This assists the attorney in determining the financial worth of the case.
Product Liability
Pregnancy is among the most thrilling and stressful experiences a woman can go through in her life. It's also a time when medical professionals can make mistakes that lead to birth defects. A top lawyer can assist parents in filing an action and obtaining the compensation they deserve from those responsible for the handicap of their child.
While the causes of birth defects are generally not understood by medical professionals however, many of them are linked to exposure to chemicals or environmental causes. This can include exposure by parents to harmful chemicals at work, such as glycol ethers and solvents in semiconductor manufacturing, as well as agricultural chemicals used for pesticides and crop spraying.
Manufacturers and those who prescribe medication are also required to inform people about the dangers. However, a lot of these medications are sold off-label for women of childbearing age without adequate warnings about the possibility of birth defects. This is particularly the case with antidepressants such as Prozac and Zoloft.
Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. He focuses his practice on cases where birth defects result from exposure to toxic chemicals in the home by parents such as those used in semiconductor manufacturing or agriculture. He graduated from the American University in Washington, D.C., and Suffolk University Law School.
