It Is The History Of Birth Defect Legal
Birth Defect Litigation
Parents want perfect children, but some injuries happen outside their control. If injuries that result from these accidents require special treatment and expensive procedures, it can leave families with huge expenses.
A New York birth defect lawyer can help stunned parents file an appeal and obtain compensation to cover future costs. The law has strict time limits on when a claim may be filed.
Statute of Limitations
Modern medical technology and advancements in medical science have made it possible to reduce the risks associated with childbirth, pregnancy and birth. Birth defects and injuries do persist. Families need to explore their legal options when they are preventable.
Many birth defect lawsuits are based on allegations of medical malpractice. These lawsuits can result from mistakes made by doctors or nursing staff at any point during labor, birth and pregnancy. In addition, medical professionals can commit medical malpractice following a child's birth by failing to provide proper treatment.
Generally, the statute of limitations in these cases is 2.5 years from the date of the occurrence of medical malpractice. For infants this period can be extended. It is essential to talk with an attorney early enough to ensure that all evidence is collected and that a timely complaint 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 a mother's pregnancy. Lawyers specially trained in birth defects are able to investigate these claims and bring them to trial on behalf of the family.
Parents should consider the following aspects when choosing an attorney to represent them in a lawsuit involving birth defects or injuries:
Medical Malpractice
Birth defects can cause many mental or physical ailments. Certain birth defects could cause death. Some of these problems are genetic, but others are due to environmental exposures or the use of prescription drugs during pregnancy.
A medical professional or doctor could be convicted of malpractice if they cause birth defects through their actions or inaction. These cases usually involve medical negligence during labor or delivery. However, they may also be a result of any action or failure to act that is not in the range of the medical standard of care, for instance, failing to recognize a medical issue or prescribing the wrong medication during pregnancy.
One instance of case involves a medication called teratogens, which can cause serious birth defects. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If a woman who is pregnant is exposed to this drug, she should file a claim.
It is essential to select an attorney who is experienced in handling these kinds of cases. You should choose a firm that has expertise in this area and Birth Defect Lawsuits is on contingency, which means you won't be charged any fees until you win. Choose an attorney with excellent communication and negotiation skills. This will help to ensure that you file your claim before the time for filing expires.
Prescription Drugs
Many birth defects lead to physical or mental disabilities, that require expensive medical treatment and accommodations for the child. These disorders are usually genetic, but can also be caused by chemical or environmental exposure or medications taken by the mother during pregnancy.
Drug manufacturers are required to ensure that their products are tested properly and warn consumers of any risks. Unfortunately, some pharmaceutical companies don't keep up-to-date with the latest research or fail to anticipate potential side effects. Certain doctors prescribe dangerous drugs to their patients, and some women are not informed about the risks of taking certain medications while pregnant. These medications are referred to as teratogens. They can cause birth defects within the fetus including spina Bifida.
Other substances that can cause birth defects are chemicals used in the agricultural and manufacturing industries, as well as heavy metals like mercury that contaminate air or groundwater. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women to harmful chemicals and substances that can affect their reproductive health and lead to birth defects.
When bringing an action against the parties responsible for your child's condition it is crucial to gather as much evidence as you can. This includes any ultrasound scans, birth defect lawsuits blood tests and medical bills that arose due to the birth defect. This information helps the attorney assess the value of the case.
Product Liability
Pregnancy can be one of the most exciting, and anxiety-inducing experiences in women's lives. It's also a time where medical professionals are prone to making mistakes that lead to birth defects. A top attorney can help parents file a claim against those accountable for their child's handicap and obtain the amount of compensation they deserve.
Medical experts aren't always able determine the root of birth defects, but many of them can be caused by environmental or chemical exposure. This could include contact from parents with toxic chemicals in the workplace, such as glycol ethers and solvents that are used in semiconductor manufacturing and agricultural chemicals used for pesticides as well as spraying of crops.
In addition, manufacturers and those who prescribe prescription drugs must inform people about the risks. However, a significant portion of these drugs are marketed off-label to women of childbearing age without adequate warnings about the risk of birth defects. This is especially applicable to antidepressants, such as 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 parental exposure to toxic chemicals, including the ones used in semiconductor manufacturing and agriculture. He is a graduate of the American University in Washington, D.C. and Suffolk University Law School.
