14 Common Misconceptions About Birth Defect Legal
Birth Defect Litigation
Parents want perfect children, but some injuries happen outside their control. Families could be faced with a large bill when injuries require costly procedures and special care.
A New York birth defect attorney can help parents who are shocked to file an appeal to be compensated for future expenses. However, the law puts strict deadlines on the time a claim has to be filed.
Statute of limitations
Modern technology and medical advancements have reduced the risks associated with childbirth, pregnancy and birth. 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 could involve mistakes made by doctors or nurses at any time during labor and birth procedures. In addition medical professionals can be guilty of medical malpractice after the birth of a child, by failing to provide proper treatment.
In general the statute of limitation for these cases is 2.5 years after the date of the medical negligence. This time frame can be extended for infants. However, it is important to seek legal advice as soon as you can to ensure that all evidence is gathered and that a timely claim can be filed.
In addition to medical malpractice, a lawsuit can also be brought on behalf of a baby for birth defects caused by improper toxic and chemical exposures that occur during the mother's pregnancy. Specially trained birth defects lawyers can investigate these claims and bring them to trial on behalf of the family.
Parents should be aware of the following qualities when selecting an attorney to represent them in a suit for birth defect or injury:
Medical Malpractice
Birth defects can lead to a wide range of mental or physical ailments. Some of them could be fatal. Some of these problems are genetic, but others are caused by environmental exposures or the use of prescription medications during pregnancy.
A medical professional or doctor may be accused of negligence when they cause birth defects due to their actions or inaction. The majority of these cases are based on medical negligence during labor or delivery. They can also be a result of any act which falls below a standard of medical treatment, for instance failing to recognize an illness or prescribing incorrect medication during pregnancy.
One example is involving teratogens. These drugs can cause birth defects that are serious. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If an individual is exposed to the drug she must file a claim.
It is essential to select an attorney who has previous experience in these cases. You should seek out a firm that has years of experience in this field and works on contingency, so you don't have to pay any fees until you win. Also, look for an attorney who has strong negotiation and communication skills. This can help ensure that your claim is filed before the time for filing expires.
Prescription Drugs
A variety of birth defects cause physical or mental disabilities that require costly medical treatment and accommodations for the child. The majority of these problems are genetic, however some of them are caused by environmental or chemical exposure or medication that the mother consumed during pregnancy.
Pharmaceutical manufacturers are required to test their products correctly and inform the public about the potential dangers. Unfortunately certain pharmaceutical companies do not keep up with research or foresee potential side consequences. Moreover, doctors may prescribe dangerous medicines to their patients and women may not have adequate information about the dangers of taking certain medications during pregnancy. These medications, also known as teratogens can cause birth defects such as spina-bifida, in the fetus.
Other substances that may cause birth defects include chemicals used in agriculture and manufacturing as well as heavy metals, like mercury, which are contaminating the groundwater or the air. Diane Paolicelli's career in law has been focused on fighting powerful corporations who expose women to toxic substances and chemicals that can harm their reproductive health or cause birth defects.
When filing a lawsuit against the parties accountable for your child's condition it is essential to gather as much evidence as you can. Included in this are ultrasound images or blood tests, as well as medical bills that are incurred as a result. This information will help the attorney assess the worth of the case.
Product Liability
Pregnancy is one of the most thrilling and stressful events in a woman's lifetime. It's also the time that medical professionals make mistakes that cause birth defects. A top lawyer can assist parents in filing an appeal and gaining the compensation they deserve against the people responsible for the disabilities of their child.
While the causes of birth defects are often unknown to medical experts but a large proportion of birth defect lawyers defects can be linked to environmental or chemical exposure. This can include parental exposure to toxic chemicals at work such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used for pesticides and Birth Defect Lawsuits crop spraying.
In addition, the manufacturer and those who prescribe prescription medicines must inform patients of the risks. Yet, a substantial portion of these medications are sold off-label for women of childbearing age without warnings regarding the risk of birth defects. This is especially the case with antidepressants such as 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 defect lawsuit defects result from exposure to toxic chemicals in the home by parents like those employed in semiconductor manufacturing or agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.
