The Ultimate Guide To Birth Defect Legal
Birth Defect Litigation
Certain injuries are beyond the parents of their control. Families could be faced with huge debts when these injuries require costly procedures and specialized care.
A New York birth defect attorney can assist parents grieving and file an appeal to be compensated for future expenses. However, the law puts strict deadlines when a claim needs to 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 persist. If they're preventable families must consider their legal options.
Many birth defect lawsuits are founded on allegations of medical malpractice. These cases could involve mistakes made by nurses or doctors at any point in the labor and birth procedures. Medical professionals can also be negligent after the birth of a child if they fail provide proper treatment.
In general the statute of limitations for these cases are 2.5 years from the date of the medical malpractice. For infants, the time can be extended. However, it is essential to seek legal counsel early enough to ensure that all evidence is collected and that a timely claim can be filed.
In addition to medical malpractice, a suit can also be brought on behalf of an infant for birth defects caused by improper exposure to chemicals and toxic substances that occur during the mother's pregnancy. Specially trained birth defect lawyers can investigate these claims and bring them to trial on behalf of the family.
When choosing an attorney to represent them in a birth injury or defect lawsuit, parents should look for the following characteristics:
Medical Malpractice
Birth defects can cause an array of physical or mental problems. Certain birth defects can be fatal. Some of these problems are inherited, while others are due to exposure to environmental factors or the usage of prescribed drugs during pregnancy.
A doctor or medical professional may be accused of malpractice when they cause birth defects through their actions or inaction. These cases typically involve medical negligence during the birth or labor process. They can also be a result of 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 the wrong medication during pregnancy.
One such type of case involves a medication called teratogens. It can cause serious birth defects. When pregnant, doctors usually advise women to avoid taking this medication, which is utilized to treat seizures. If a woman who is pregnant is exposed to this medication, she must make an insurance claim.
It is essential to select an attorney who has experience in handling these kinds of cases. Find a firm that specializes in this area and works on an on a contingency basis, meaning you won't have to pay a dime unless you are successful. Additionally, you should choose an attorney with excellent communication and negotiation abilities. This will help to ensure that you file your claim before the time for filing expires.
Prescription Drugs
Many birth defects cause physical or mental disabilities, which require costly medical care and accommodations for the child. These problems are usually genetic, but can also be caused by environmental or chemical exposure or medications taken by the mother during pregnancy.
Drug makers are required to test their products properly and inform the public of the potential dangers. Sadly some pharmaceutical companies do not keep up with research or anticipate the potential adverse consequences. Certain doctors prescribe dangerous drugs to their patients. Moreover, some women are not aware of the risks of taking certain medications during pregnancy. These medications are referred to as teratogens and may cause birth defects in the fetus, including spina bifida.
Other substances that could cause birth defects are chemicals that are used in manufacturing and agriculture as well as heavy metals like mercury, which are contaminating the groundwater or air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women chemicals and substances that harm their reproductive health and cause birth defect law firm defects.
It is crucial to collect as much evidence as you can prior to making a claim against the party responsible. Included in this are any ultrasound images as well as blood tests and medical bills that are incurred as a result. This information assists the attorney assess the value of the case.
Product Liability
Pregnancy is among the most exciting and stressful experiences in women's lives. It's also the time when medical professionals make mistakes that lead to birth defects. A reputable attorney can assist parents in filing a claim and obtaining the compensation they deserve against those who are responsible for the impairment of their child.
Medical professionals aren't always able determine the exact cause of Birth Defect Lawsuit defects, but many of them can be attributable to environmental or chemical exposure. This can include parental exposure to harmful chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used for spraying crops and pesticides.
Furthermore, manufacturers and those who prescribe prescription medicines have a responsibility to warn patients of the risks. A large number of these drugs is marketed to women who are expecting without warnings of the potential for birth defect. This is especially the case with antidepressants such as Prozac and birth defect lawsuit Zoloft.
Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. He focuses his practice on cases involving the occurrence birth defects caused by exposure of parents to toxic chemicals such as the ones used in semiconductor manufacturing and agriculture. He is a graduate from the American University in Washington, D.C. as well as Suffolk University Law School.
