Three Reasons Why Three Reasons Your Birth Defect Legal Is Broken And How To Repair It
Birth Defect Litigation
Parents want perfect babies however, there are some injuries that occur out of their control. Families could be faced with huge debts when these injuries require expensive procedures and special care.
A New York birth defect lawyer can assist parents in filing a claim and get compensation to cover the cost of future expenses. The law has strict deadlines for when claims can be filed.
Statute of Limitations
Modern technology and medical advances have helped reduce the risks of childbirth and pregnancy. However birth defects and injuries continue to occur. Families should consider their legal options if they are preventable.
Many birth defect lawsuits are based upon allegations of medical malpractice. These cases could involve mistakes made by doctors or nursing staff at any point during the birth process, including labor and pregnancy. Medical professionals can also be negligent after the birth of a child if they fail provide proper treatment.
In general, the statutes of limitation for these cases is 2.5 years after the date of the medical error. For infants, this time can be extended. It is crucial to consult an attorney whenever you can to ensure that all evidence is collected and that a timely complaint be filed.
A lawsuit may be filed on behalf of a child for birth defects caused by toxic and chemical exposures during the pregnancy. Lawyers specially trained in birth defects can investigate and birth defect lawsuit bring these cases on behalf of the family.
When choosing an attorney for a birth injury or defect lawsuit parents should look for the following characteristics:
Medical Malpractice
Birth defects can cause various mental and physical problems. Some birth defects may be fatal. Some of these issues are inherited, while others are due to environmental exposures or the use of prescription drugs during pregnancy.
A medical professional or doctor could be accused of misconduct if they cause birth defects due to their actions or inaction. These cases usually are based on medical negligence in delivery or labor. However, they can comprise any act or failure to act in excess of the medical standard of care, such as failing to diagnose a problem or prescribing the wrong medicine during pregnancy.
One example is involving teratogens. These medications can cause 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 drug, she should submit a claim.
It is crucial to select an attorney who has previous experience in these cases. Look for a law firm that is specialized in this area, and works on an hourly basis, which means there is no cost unless you succeed. Look for an attorney who has an excellent ability to communicate and negotiate. This can help ensure that your claim is filed before the time for filing expires.
Prescription Drugs
A variety of birth defects cause mental or birth defect lawsuit physical disabilities that require expensive medical treatment and accommodations for the child. Often, these conditions are genetically inherited, but some of them can be caused by chemical or environmental exposure, or the medications the mother was taking during pregnancy.
Pharmaceutical companies are required to test their products properly and warn the public of any potential dangers. Sadly certain pharmaceutical companies do not keep up with the latest research or anticipate the potential adverse consequences. Some doctors prescribe dangerous drugs to their patients. Some women aren't aware of the dangers associated with using certain drugs during pregnancy. These medications are referred to as teratogens, and they can 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 can contaminate groundwater or air. Diane Paolicelli's legal career is focused on fighting powerful corporations who expose women to harmful chemicals and substances that could damage their reproductive health or cause birth defects.
It is important to collect as many evidences as you can before filing a suit against the parties accountable. This includes any ultrasound images, blood tests, and medical bills incurred because of the birth defect. This information assists the attorney to determine the worth of the case.
Product Liability
Pregnancy is among the most exciting, and anxiety-inducing experiences in the life of a woman. It's also the time that medical professionals are prone to making mistakes that result in birth defects. An experienced attorney can help parents bring a lawsuit against those accountable for their child's handicap and receive the amount of compensation they deserve.
Medical experts are not always able of determining the root of birth defects, but most of them can be caused by environmental or chemical exposure. This may include contact by parents with toxic chemicals in the workplace, such as solvents and glycol ethers used in semiconductor manufacturing and chemical pesticides used in agriculture and crop spraying.
In addition, manufacturers and those who prescribe prescription medications must inform people about the risks. However, a lot of these drugs are offered off-label to women of childbearing age without proper warnings about the risk of birth defect lawsuit (read this blog post from Web 011 Dmonster) 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 chemical and pharmaceutical companies. His practice is centered around cases where birth defects result from exposure to toxic chemicals in the home by parents such as those that are used in the manufacture of semiconductors or in agriculture. He graduated of the American University in Washington, D.C. and Suffolk University Law School.
