Does Technology Make Birth Defect Legal Better Or Worse
Birth Defect Litigation
Some injuries are beyond the parents' control. Families may be left with a large bill when injuries require expensive procedures and specialized care.
A New York birth defect attorney can help parents who are grieving and file a claim to get compensation for future expenses. The law has strict deadlines on when a claim can be filed.
Statute of Limitations
Modern technology and medical advancements have helped reduce the risks associated with pregnancy and childbirth. Birth defects and injuries do remain a possibility. Families must consider their legal options if they are preventable.
Many birth defect suits are stemming from allegations of medical malpractice that occurred. These cases could involve mistakes made by nurses or doctors at any point in the birth, labor and delivery processes. Medical professionals can also commit malpractice after the birth of a baby if they fail provide proper treatment.
In general the statute of limitation for these cases are 2.5 years from the date of the medical mistake. For infants, the time is sometimes extended. It is important to consult an attorney immediately to ensure that all the evidence is collected and that a timely complaint be filed.
In addition to medical malpractice, a lawsuit could also be filed on behalf of an infant for birth defects resulting from improper toxic and chemical exposures that occur during a mother's pregnancy. Lawyers specially trained in birth defects can investigate and prosecute these claims on behalf of the family.
Parents should consider the following characteristics when choosing an attorney to represent them in a lawsuit involving birth defects or birth injuries:
Medical Malpractice
Birth defects can lead to a variety of mental and physical problems. Some birth defects can cause death. Some of these problems are inherited, while others are due to exposure to environmental factors or the use of prescription medications during pregnancy.
A doctor or medical professional can be accused of negligence when they cause birth defects by their actions or inaction. These cases typically involve medical negligence during the birth or labor process. They can also include any other be in compliance with a standard of medical care, like not diagnosing an illness or prescribing incorrect medication during pregnancy.
One example involves teratogens. These drugs can result in birth defects that are serious. In the course of pregnancy, birth defect law Firms doctors generally recommend women not to take this medication, which is utilized in the treatment of seizures. If the woman is exposed to the drug, she must file an insurance claim.
It is crucial to select an attorney with expertise in these kinds of cases. You should seek out an attorney who has years of experience in this field and works on contingency, so you don't have to pay anything until you win. Also, search for an attorney with excellent negotiation and communication abilities. This can help ensure that your claim is filed before the time limit expires.
Prescription Drugs
Many birth defects can cause physical or mental disabilities that require expensive medical treatment and accommodations for the child. These disorders are usually genetic, but they may also be caused by environmental or chemical exposure or medications taken by the mother during pregnancy.
Drug makers are required to test their products thoroughly and inform the public of any potential risks. Sadly some pharmaceutical companies fail to keep up with the latest research or foresee potential side consequences. Moreover, doctors may prescribe dangerous drugs to patients and women may not get proper information about the risks associated with taking certain medications during pregnancy. These are known as teratogens and may cause birth defects in the fetus. This includes spina bifida.
Other substances that may cause birth defects are chemicals that are used in manufacturing and agriculture and heavy metals, like mercury, which are contaminating the air or groundwater. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women chemicals and other substances that cause harm to their reproductive health and lead to birth defects.
When filing lawsuits against the people accountable for your child's condition, it is important to gather as much evidence as you can. Included in this are any ultrasound images as well as blood tests and medical bills incurred as a result. This information assists attorneys determine the value of the case.
Product Liability
Pregnancy is one of the most thrilling and stressful moments in a woman's life. However, birth defect law firms it's also a time when medical professionals can make mistakes that could lead to birth defects. An experienced attorney can help parents file a claim against those who are responsible for their child's disabilities and acquire the compensation they deserve.
Although the causes of birth defects are usually unknown to medical experts but a large proportion of Birth Defect law firms (kinogo-rezka.biz) defects can be linked to exposure to chemicals or environmental causes. This can be due to exposure by parents to toxic chemicals at work such as glycol ethers and solvents in semiconductor manufacturing, as well as agricultural chemicals used for crop spraying and pesticides.
Furthermore, manufacturers and those who prescribe prescription drugs must inform people about the risks. A large number of these drugs are marketed to women who are pregnant without warnings of the possibility of birth defect. This is particularly true for antidepressants like Prozac and Zoloft.
Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. He concentrates his practice on cases where birth defects result from parental exposure to toxic chemical like those used in semiconductor manufacturing or agricultural. He graduated from American University in Washington, D.C. and Suffolk University Law School.
