Does Technology Make Birth Defect Legal Better Or Worse
Birth Defect Litigation
Parents want perfect babies However, some accidents happen out of their control. Families are left with huge bills when these injuries require costly procedures and special attention.
A New York birth defect lawyer can assist parents who are shocked to file claims and receive compensation to pay for future expenses. However, the law puts strict time limitations on when a claim should be filed.
Statute of Limitations
Modern technology and medical advancements have helped reduce the risks that come with childbirth and pregnancy. Birth defects and injuries do continue to occur. If they can be prevented, families must consider their legal options.
Many birth defect lawsuits stem from allegations of medical malpractice. These cases may involve mistakes made by nurses or doctors at any time during labor and delivery processes. Additionally 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 time limit for these cases is 2.5 years from the date of the act of medical negligence. This time frame is extended for infants. It is important to consult a lawyer whenever you can to ensure that all evidence is gathered and that a timely complaint be filed.
A lawsuit can be filed on behalf of a child in relation to birth defects caused by toxic and chemical exposures during the pregnancy. Specially trained birth defect lawyers can investigate and pursue these claims on behalf of the family.
Parents should consider the following factors when choosing an attorney to represent them in a suit for birth defects or injuries:
Medical Malpractice
birth defect attorneys defects can lead to various mental and physical ailments. Some birth defects can be fatal. Some of these issues may be caused by genetics while others are caused by exposure to the environment or prescription drugs used during pregnancy.
A medical professional or doctor may be accused of negligence in the event of causing birth defects due to their actions or inaction. The majority of these cases are based on medical negligence during labor or delivery. They may also involve any act of failure to perform a task that is not within the standard of medical care, like the failure to diagnose an illness or prescribing incorrect medication during pregnancy.
One example of situation is a drug called teratogens. It can cause serious birth defects. Doctors typically advise women to take this medication during pregnancy. It is used to treat seizures. If women are exposed to the drug, she must make an action.
It is crucial to choose an attorney who has experience in these types of cases. Look for a law firm that specializes in this area, and works on the basis of a contingent fee, which means there is no cost unless you succeed. Look for an attorney who has great negotiation and communication skills. This will help ensure that your claim is filed before the statute of limitations expires.
Prescription Drugs
Many birth defects result in physical or mental disabilities, that require expensive medical treatment and accommodations for the child. These problems are usually genetic, but they may also be caused by environmental or chemical exposure, or by medications taken by the mother during pregnancy.
Drug manufacturers are required to test their products correctly and warn the public of the potential dangers. Unfortunately certain pharmaceutical companies do not keep up with the latest research or fail to anticipate potential side consequences. Moreover, doctors may prescribe dangerous medicines to their patients and women may not receive adequate information on the dangers of taking certain medications during pregnancy. These drugs, also known as teratogens may cause birth defects, like spina-bifida in the fetus.
Other substances that could cause birth defects are chemicals used in the manufacturing and agricultural industries, birth defect lawyer and heavy metals like mercury which affect groundwater or the air. Diane Paolicelli's career in law has been focused on combating powerful corporations that expose women to harmful chemicals and substances that may affect their reproductive health or cause birth defects.
If you decide to file lawsuits against the people who are responsible for your child's illness It is crucial to gather as much evidence as possible. This includes ultrasound images, blood tests, and medical bills that arose because of the birth defect. This will help the attorney determine the financial worth of the case.
Product Liability
Pregnancy is among the most exciting and nerve-wracking experiences in a woman's lifetime. It's also a time where many medical professionals can make mistakes that cause birth defects. An experienced attorney can assist parents bring a lawsuit against those responsible for their child's disability and acquire the proper compensation they're entitled to.
Medical professionals aren't always able to determine the root of birth defects, but most of them can be attributable to environmental or chemical exposure. This may include contact by parents with toxic chemicals at the workplace, like glycolethers and solvents utilized in semiconductor manufacturing and agricultural chemicals used for pesticides as well as crop spraying.
The pharmaceutical companies and those who prescribe medicines also have a duty to warn people about the dangers. A large portion of these medications are sold to women who are expecting without warnings about the risk of birth defect. 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 defect lawyer defects lawsuits against pharmaceutical and chemical companies. He concentrates his practice on cases where birth defects are caused by exposure to toxic chemicals by parents such as those that are employed in semiconductor manufacturing or agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.
