Does Technology Make Birth Defect Legal Better Or Worse
Birth Defect Litigation
Some injuries are beyond the parents or their control. If these injuries require special care and costly procedures, it could cause families to incur huge costs.
A New York birth defect attorney can help parents who are shocked to file a claim to get compensation for future expenses. The law has strict deadlines on when a claim may be filed.
Statute of limitations
Modern technology and medical advances have helped to reduce the risks that come with childbirth and pregnancy. However, birth defects and injuries can still occur. When they are preventable, families should consider their legal options.
Many birth defect law firm defect lawsuits are based on allegations of medical malpractice. These lawsuits can be based on mistakes made by nurses or doctors at any point in the labor and birth processes. Medical professionals may also be guilty of malpractice following the birth of a child by failing to provide the correct treatment.
Generally, the time limit for these cases is 2.5 years from when the act was committed of medical malpractice. This time period can be extended to infants. But, it is crucial to seek legal advice immediately to ensure that all evidence is gathered and that a timely claim can be filed.
In addition to medical malpractice, a lawsuit could also be filed on behalf of a baby for birth defects caused by wrongful exposure to chemicals and toxic substances that occur during a mother's pregnancy. Lawyers specially trained in birth defects can investigate and bring these cases on behalf of the family.
When choosing an attorney to represent them in a birth injury or defect lawsuit parents should consider the following qualities:
Medical Malpractice
Birth defects can cause a wide range of physical or mental problems. Some may even be fatal. Some of these issues may be genetic while others are caused by exposure to the environment or prescription drugs taken during pregnancy.
A doctor or medical professional could be convicted of malpractice if they cause birth defects through their actions or inaction. These cases typically are caused by medical negligence during delivery or labor. They can also be a result of any act of failure to act which falls below a standard of medical care, such as not diagnosing an illness or prescribing the wrong medication during pregnancy.
One such type of case involves a medication called teratogens. This medication can cause birth defects that are serious. Doctors typically advise women to take this medication during pregnancy. It is used to treat seizures. If the woman is exposed to the drug then she should make a claim.
It is crucial to select an attorney who is experienced in handling these types of cases. Choose a law firm that is experienced in this area, and works on an hourly basis, which means you don't have to pay any fees unless you succeed. Look for an attorney with outstanding negotiation and communication skills. This will help ensure that you submit your claim before the statute of limitation expires.
Prescription Drugs
Many birth defects cause physical or mental disabilities that require expensive medical treatment and accommodations for the child. The majority of these problems are genetic, however some of them are caused by environmental or chemical exposure, or medications that the mother took while pregnant.
Pharmaceutical companies are required to test their products thoroughly and warn the public of any risks that could be present. Unfortunately some pharmaceutical companies fail to keep up with the latest research or foresee potential side effects. Certain doctors prescribe dangerous drugs to their patients and some women are not informed about 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 can cause birth defects are chemicals used in the agricultural and manufacturing industries, and heavy metals such as mercury that pollute groundwater and air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations which expose women to harmful chemicals and substances that could affect their reproductive health and cause birth defects.
When filing a lawsuit against the parties who are responsible for your child's illness It is crucial to gather the most evidence you can. Included in this are ultrasound images or blood tests, as well as medical bills that are incurred due to. This information will help the attorney assess the worth of the case.
Product Liability
Pregnancy can be one of the most exciting, yet stressful experiences in women's lives. It's also a time when medical professionals make mistakes that lead to birth defects. An experienced attorney can help parents bring a lawsuit against those accountable for their child's handicap and obtain the justice they deserve.
Medical experts aren't always able to determine the exact cause of birth defects, but most of them can be due to environmental or chemical exposure. This could include exposure of parents to toxic chemicals at work such as solvents and glycol ethers in semiconductor manufacturing, as well as agricultural chemicals used in spraying for crops and pesticides.
In addition, manufacturers and those who prescribe prescription medications must inform people of their risks. However, a significant portion of these drugs are offered off-label for women of childbearing age, without warnings about the possibility of birth defects. This is particularly applicable to antidepressants such Prozac and Zoloft.
Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. His practice focuses on cases involving the occurrence birth defects that result from exposure of parents to toxic chemicals such as those used in semiconductor lawsuit manufacturing and agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.
