The Most Significant Issue With Birth Defect Legal And How You Can Repair It
Birth Defect Litigation
Certain injuries are beyond the parents or their control. If these injuries require special care and costly procedures, it could cause families to be faced with massive costs.
A New York birth defect lawyer can help stunned parents file a claim and get compensation to cover the cost of future expenses. The law has strict deadlines on when claims can be filed.
Statute of limitations
Modern technology and medical advances have aided in reducing the risks associated with childbirth, pregnancy and birth. However birth defects and injuries can still occur. Families must consider their legal options if they can be prevented.
Many birth defect lawsuits are based upon allegations of medical malpractice. These cases can involve errors committed by nurses or doctors at any time during the pregnancy, labor and delivery procedures. Additionally medical professionals can be guilty of medical malpractice after a child's birth if they fail to provide proper care.
Generally speaking, the time-limit for these cases is 2.5 years from the date of the act of medical malpractice. This time period can be extended to infants. It is nevertheless important to seek legal advice as soon as possible to ensure that all evidence is collected and that a timely claim can be filed.
A lawsuit can be filed on behalf of a child for birth defects that are caused by toxic and chemical exposures during the pregnancy. Specially trained birth defect lawyers can investigate and prosecute these claims on behalf of the family.
When choosing an attorney for a birth injury or defect lawsuit parents should consider the following qualities:
Medical Malpractice
Birth defects can cause many mental or physical ailments. Some of them can be fatal. Some of these issues may be caused by genetics and others may be caused through exposure to the environment or prescription medications used during pregnancy.
Medical professionals or doctors can be accused of negligence when they cause birth defects as a result of their actions or inaction. These cases typically involve medical negligence during the birth or labor process. However, they may also comprise any act or failure to act that is not in the range of the medical standard of care, like not diagnosing a medical condition or prescribing the wrong medicine during pregnancy.
One such case involves Teratogens. These drugs can result in serious birth defects. Doctors typically advise women to take this medication during pregnancy. It is used to treat seizures. If a woman who is pregnant is exposed to this medication, she must submit a claim.
It is crucial to select an attorney who is experienced in handling these kinds of cases. You should choose an attorney who has extensive experience in this field. It also operates on contingency basis, which means you won't be charged any fees until you win. Find an attorney who has excellent communication and negotiation skills. This will ensure that your claim is filed before the time limit expires.
Prescription Drugs
Many birth defects result in physical or mental disabilities that require expensive medical treatment and accommodations for the child. The majority of these problems are genetically inherited, attorneys but some of them may be caused by chemical or environmental exposure or medication that the mother consumed during pregnancy.
Drug manufacturers are required to thoroughly test their products and warn consumers of any potential risks. Unfortunately, some pharmaceutical companies fail to keep up with the latest research or fail to anticipate potential side consequences. Some doctors recommend dangerous drugs to their patients. Some women are not aware of the dangers associated with taking certain medications while pregnant. These drugs, referred to as teratogens, may cause birth defects such as spina-bifida in the fetus.
Other substances that can cause birth defects are the chemicals used in the manufacturing and agricultural industries, as well as heavy metals such as mercury that contaminate air or groundwater. Diane Paolicelli's legal career is dedicated to combating powerful corporations that expose women to toxic chemicals and substances that may harm their reproductive health or lead to birth defects.
If you are filing lawsuits against the parties that are accountable for your child's health it is essential to gather as much evidence as possible. This includes blood tests, ultrasound images and medical bills incurred due to the birth defect lawsuit defect. This information can help attorneys determine the value 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 can make mistakes that lead to birth defects. An experienced attorney can assist parents file a claim against those accountable for their child's handicap and acquire the compensation they deserve.
While the causes of birth defects are usually not understood by medical professionals, a significant number are linked 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 the people who prescribe prescription medications have a responsibility to warn people about the risks. However, a lot of these drugs are sold off-label to women who are pregnant age without warnings regarding the potential for birth defects. This is particularly relevant for antidepressants like Prozac and Zoloft.
Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defects lawsuits against chemical and pharmaceutical companies. His practice is centered around cases involving the occurrence of birth defects caused by parental exposure to toxic chemicals, including those in semiconductor manufacturing and agriculture. He is a graduate of the American University in Washington, D.C. and Suffolk University Law School.
