This Is The Advanced Guide To Birth Defect Legal
Birth Defect Litigation
Some injuries are beyond the parents in their control. Families may be left with huge bills when these injuries require costly procedures and special care.
A New York birth defect attorney (visit the following page) can assist parents shocked to file a claim to get compensation for future expenses. However, the law has strict time limitations on when a claim must be filed.
Statute of limitations
Modern medical technology and advancements in medical science have aided in reducing the risks associated with childbirth, pregnancy and birth. Birth defects and injuries persist. Families need to consider their legal options when they are preventable.
Many birth defect lawsuits are stemming from claims of medical malpractice. These lawsuits can be based on mistakes committed by nurses or doctors at any point during the labor and delivery procedures. Additionally medical professionals can be guilty of medical malpractice after the birth of a baby in the event that they fail to provide proper treatment.
Generally, the statute of limitations in these cases is 2.5 years from when the act was committed of medical malpractice. This time period is extended for infants. It is important to consult a lawyer immediately to ensure that all the evidence is gathered, and that a timely complaint be filed.
A lawsuit may be filed on behalf of a child to claim birth defects caused by chemical and toxic exposures during pregnancy. Lawyers specially trained in birth defects can investigate and prosecute these claims 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 qualities:
Medical Malpractice
Birth defects can cause various mental and physical ailments. Some of them can be fatal. Some of these issues are genetic, birth Defect attorney but others are caused by exposure to environmental factors or the use of prescription drugs during pregnancy.
A doctor Birth defect attorney or medical professional may be accused of negligence if they cause birth defects due to their actions or inaction. These cases typically involve medical negligence during labor or delivery. However, they could also include any act or failure to act that is in violation of the medical standard of care, for instance, failing to diagnose a condition or prescribing the wrong medication during pregnancy.
One of these cases involves teratogens. These drugs can cause birth defects that are serious. Doctors typically advise women not to take this medication during pregnancy. It is used to treat seizures. If a pregnant woman is exposed to this medication, she must submit an insurance claim.
It is important to select an attorney with experience handling these types of cases. You should seek out an attorney who has experience in this field and is based on contingency, meaning that you don't pay anything until you are successful. Look for an attorney who has an excellent ability to communicate and negotiate. This will ensure that you file your claim before the time limit expires.
Prescription Drugs
A variety of birth defects cause physical or mental disabilities that require costly medical treatment and accommodations for the child. Most often, these disorders are inherited, but a few of them can be caused by chemical or environmental exposure, or by medications the mother consumed during pregnancy.
Pharmaceutical manufacturers are required to test their products thoroughly and warn consumers of any potential risks. Sadly, some pharmaceutical companies fail to keep up with the latest research or anticipate potential side effects. Furthermore, doctors may prescribe dangerous drugs to their patients and women may not get proper information about the risks of taking certain medications during pregnancy. These drugs, also known as teratogens, can 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 like mercury that affect groundwater or the air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women to harmful chemicals and substances that damage their reproductive health and cause birth defects.
When filing an action against the parties that are accountable for your child's health It is crucial to gather as much evidence as you can. Included in this are ultrasound images and blood tests as well as medical bills that are incurred due to. This allows the attorney to determine the value of the case.
Product Liability
Pregnancy can be one of the most exciting, and anxious experiences of women's lives. It's also the time when medical professionals are prone to making mistakes that can lead to birth defects. An experienced attorney can assist parents bring a lawsuit against those who are responsible for their child's disabilities and receive the amount of compensation they deserve.
While the causes of birth defects are generally unknown to medical professionals however, many of them can be attributed to environmental or chemical exposure. This can include exposure by parents to toxic chemicals in the workplace such as glycol ethers and solvents in semiconductor manufacturing, as well as agricultural chemicals used for pesticides and crop spraying.
Manufacturers and those who prescribe medication also have a duty to warn the public about the risks. A large number of these drugs are offered to women who are expecting without warnings of the potential for birth defect. This is particularly relevant for antidepressants like Prozac and Zoloft.
Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. He focuses his practice on cases where birth defects are caused by exposure of parents to toxic chemicals such as those that are used in semiconductor manufacturing or agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.
