What Freud Can Teach Us About Birth Defect Legal
Birth Defect Litigation
Some injuries are beyond the parents of their control. Families are left with a large bill when injuries require expensive procedures and special care.
A New York birth defect attorney can help parents in shock file a claim to get compensation for future expenses. However, the law places strict time limitations on the time a claim has to be filed.
Statute of limitations
Modern technology and medical advances have reduced the risks that are associated with childbirth, pregnancy and birth. Birth defects and injuries persist. If they can be prevented, families should consider their legal options.
Many birth defect lawsuits are based upon allegations of medical malpractice. These cases can involve errors made by nurses or doctors at any point in the labor and birth processes. Additionally medical professionals can be guilty of medical malpractice after the birth of a baby by failing to provide the proper treatment.
In general, the statutes of limitations for these cases are 2.5 years from the date of the medical negligence. The time frame is extended for infants. It is crucial to consult a lawyer early enough to ensure that all evidence is gathered and that a timely complaint be filed.
A lawsuit may be filed on behalf of a baby for birth defects caused by toxic and chemical exposures during the pregnancy. Lawyers specially trained in birth defects can investigate and prosecute these claims on behalf of the family.
Parents should consider the following characteristics when choosing an attorney to represent them in a suit for birth defect or injury:
Medical Malpractice
Birth defects can result in numerous physical or mental problems. Some of them can be fatal. Some of these issues are genetic, but others are due to exposure to environmental factors or the usage of prescribed drugs during pregnancy.
Medical professionals or doctors could be convicted of malpractice when they cause birth defects as a result of their actions or inaction. These cases typically involve medical negligence during labor or delivery. However, birth defect attorney they may also include any act or inability to act that is not in the range of a medical standard of care, such as failing to recognize a medical issue or prescribing the wrong medicine during pregnancy.
One such type of case involves a medication called teratogens, which can cause serious birth defects. During pregnancy, doctors usually advise women to not take this medication, which is commonly used to treat seizures. If a woman who is pregnant is exposed to this drug, she should file an insurance claim.
It is essential to choose an attorney with prior experience in these types of cases. You should choose a firm that has experience in this field and is on contingency, which means you don't have to pay anything until you are successful. Find an attorney who has excellent communication and negotiation skills. This will 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. Most of the time, these issues are inherited, but a few of them are caused by chemical or environmental exposure, or medications that the mother consumed during pregnancy.
Pharmaceutical manufacturers are required to test their products correctly and inform the public of the potential dangers. Unfortunately certain pharmaceutical companies are not keeping up-to-date with current research or fail to anticipate possible adverse consequences. Certain doctors prescribe dangerous drugs to their patients and some women aren't aware of the risks of taking certain medications while pregnant. These drugs, also known as teratogens, can cause birth defects, such as spina-bifida in the fetus.
Other substances that may cause birth defects are chemicals employed in the production and agricultural industries and heavy metals like mercury that are contaminating air or groundwater. Diane Paolicelli's career in law has been dedicated to fighting powerful corporations that expose women to toxic substances and chemicals that can cause harm to their reproductive health and lead to birth defects.
It is important to collect as the evidence you can prior to filing a lawsuit against the parties responsible. Included in this are ultrasound images and blood tests as well as medical bills incurred as a result. This will help the attorney determine the worth of the case.
Product Liability
Pregnancy is among the most exciting and nerve-wracking events in a woman's lifetime. It's also the time that medical professionals make mistakes that can lead to birth defects. An experienced attorney can help parents in submitting claims and getting the money they deserve from those who are responsible for the impairment of their child.
While the causes of birth defects are often unknown to medical experts, a significant number can be linked to exposure to chemicals or environmental factors. This can include parental exposure to toxic chemicals in the workplace such as solvents and glycol ethers in semiconductor manufacturing, as well as agricultural chemicals used for spraying for crops and pesticides.
Manufacturers and those who prescribe medicines are also required to inform the public about their risks. Yet, a large percentage of these drugs are sold off-label to women who are pregnant age without proper warnings about the risk of birth defect lawsuit defects. This is particularly relevant for antidepressants like Prozac and Zoloft.
Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. His practice focuses on cases involving the occurrence birth defects due to exposure of parents to toxic chemicals such as those used in semiconductor manufacturing and agriculture. He graduated from the American University in Washington, D.C., and Suffolk University Law School.