Williemae Monroe asked 2 years ago
Birth Defect Litigation
Parents want perfect babies However, some injuries occur outside of their control. When injuries require specialized care and costly procedures, it can leave families with huge expenses.
A New York birth defect lawyer can assist parents who are shocked to file claims and receive compensation to cover the cost of future expenses. However, the law has strict deadlines on when a claim needs to be filed.
Statute of Limitations
Modern technology and medical advances have helped reduce the risks associated with pregnancy and childbirth. However birth defects and injuries still occur. If they’re preventable families should consider their legal options.
Many birth defect lawsuits are based on allegations that medical malpractice occurred. These cases can involve mistakes made by nurses or doctors staff at any point during pregnancy, labor and birth. Additionally medical professionals could be guilty of medical malpractice after the birth of a baby in the event that they fail to provide proper treatment.
In general the statute of limitations in these cases is 2.5 years from the date of the medical malpractice. For infants, this period can be extended. However, it is essential to seek legal advice as soon as possible to ensure that all evidence is obtained and that a timely claim can be filed.
In addition to medical malpractice, a lawsuit may also be filed on behalf of a baby for birth defects caused by improper toxic and chemical exposures that occur during the mother’s pregnancy. Lawyers specially trained in birth defects can investigate and prosecute these claims on behalf of the family.
Parents should take into consideration the following factors when choosing an attorney to represent them in a suit for birth defect or injury:
Medical Malpractice
Birth defects can result in numerous mental or physical ailments. Some of them could be fatal. Some of these issues could be caused by genetics, while others are caused by exposure to the environment or prescription medications taken during pregnancy.
A doctor or medical professional can be accused of negligence when they cause birth defect lawsuit defects due to their actions or inaction. These cases typically involve medical negligence during the birth or labor process. They also encompass any other be in compliance with a standard of medical care, like not diagnosing an illness or prescribing incorrect medication during pregnancy.
One example of this type of case involves a medication called teratogens, which can cause birth defects that are serious. During pregnancy, doctors usually advise women to not take this medication, which is commonly used to treat seizures. If a pregnant woman is exposed to this drug, she should submit a claim.
It is important to choose an attorney with experience handling these kinds of cases. You should look for a firm that has years of experience in this field and works on contingency, so you won’t have to pay anything until you are successful. Also, search for an attorney who has strong communication and negotiation skills. This will help ensure that you file your claim before the statute of limitations expires.
Prescription Drugs
Many birth defects result in physical or mental disabilities that require costly medical treatment and accommodations for the child. Often, these conditions are genetic, but some of them can be caused by chemical or environmental exposure, or medications that the mother consumed during pregnancy.
Drug makers are required to ensure that their products are tested properly and inform consumers of any potential risks. Unfortunately, birth defect lawyer some pharmaceutical companies do not keep up to date with the latest research or fail to anticipate potential side effects. Furthermore, doctors may prescribe dangerous medications to their patients, and some women do not receive adequate information on the risks of taking certain drugs during pregnancy. These drugs are known as teratogens and could cause birth defects in the fetus including spina bifida.
Other substances that could cause birth defect attorneys defects are chemicals used in the manufacturing and agricultural industries, as well as heavy metals like mercury, which pollute groundwater and air. Diane Paolicelli’s legal career has been focused on fighting powerful corporations that expose women to harmful chemicals and substances that could damage their reproductive health or lead to birth defect law defects.
If you are filing lawsuits against the parties that are accountable for your child’s health, it is important to gather as much evidence as you can. This includes ultrasound images, blood tests and medical bills incurred due to the birth defect case defect. This information can help the attorney assess the worth of the case.
Product Liability
Pregnancy is among the most exciting and anxious experiences of the life of a woman. It’s also a time where many medical professionals make mistakes that could cause birth defects. An experienced attorney can help parents in submitting a claim and obtaining the amount they deserve from the people responsible for the disabilities of their child.
Although the causes of birth defects are typically not understood by medical professionals, a significant number can be attributed to exposure to chemicals or environmental factors. This can be due to exposure by parents to toxic chemicals in the workplace such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used for spraying crops and pesticides.
In addition, manufacturers and the people who prescribe prescription medications must inform people about the risks. Yet, a large percentage of these drugs are sold off-label to women who are pregnant age without proper warnings about the potential for birth defects. 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 birth defect lawyer chemical companies. He concentrates his practice on cases where birth defects are caused by exposure to toxic chemicals in the home by parents such as those employed in semiconductor manufacturing or agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.