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Birth Defect Litigation
Certain injuries are beyond the parents of their control. Families can be left with huge debts when these injuries require expensive procedures and special treatment.
A New York birth defect lawyer can assist parents who are shocked to file an action and receive compensation to cover future costs. However, the law has strict time limitations on when a claim must be filed.
Statute of Limitations
Modern technology and medical advancements have helped reduce the risks of childbirth and pregnancy. Birth defects and injuries do remain a possibility. If they can be prevented, families should consider their legal options.
Many birth defect lawsuits stem from allegations of medical malpractice. These cases can involve errors made by doctors or nurses at any point in the pregnancy, labor and delivery processes. In addition medical professionals could be guilty of medical malpractice after the birth of a baby if they fail to provide the proper treatment.
In general, the statutes of limitations for these cases is 2.5 years after the date of the medical malpractice. For infants, this time can be extended. It is essential to speak with an attorney immediately to ensure that all evidence is collected, and that a timely complaint be filed.
A lawsuit can be filed on behalf of a child for birth defects that are caused by chemical and toxic exposures during pregnancy. Specially trained birth defect lawyers can investigate and bring these cases on behalf of the family.
When selecting an attorney for a birth injury or defect lawsuit parents should look for the following qualities:
Medical Malpractice
Birth defects can lead to an array of mental or physical problems. Some of them could be fatal. Some of these issues could be caused by genetics while others are triggered by environmental exposures or prescription drugs used during pregnancy.
A doctor or medical professional can be accused of negligence when they cause birth defects through their actions or inaction. The majority of these cases are due to medical negligence during labor or delivery. They may also involve any other perform a task that is not within the standard of medical care, such as, failing to diagnose an illness or prescribing the wrong medication during pregnancy.
One instance of case involves a medication called teratogens, which can cause birth defects that are serious. When pregnant, doctors usually advise women to not take this medication, which is utilized to treat seizures. If a woman who is pregnant is exposed to this medication, she must file an insurance claim.
It is important to select an attorney with experience handling these types of cases. Find a law firm that has a specialization in this area and works on an on a contingency basis, meaning there is no cost unless you get the case won. Look for an attorney who has excellent communication and negotiation skills. This will ensure that your claim is filed before the time for filing expires.
Prescription Drugs
Many birth defects cause mental or physical disabilities which require expensive medical care and accommodations for https://www.redly.vip the child. These issues are often genetic, but can also be caused by chemical or environmental exposure or the use of medications by the mother during pregnancy.
Drug makers are required to test their products thoroughly and inform the public of any potential risks. Unfortunately, some pharmaceutical companies fail to keep up with the latest research or anticipate possible side consequences. Some doctors prescribe dangerous drugs to their patients and some women are not informed about the risks associated with using certain drugs during pregnancy. These drugs are known as teratogens, and they can cause birth defects in the fetus, including spina Bifida.
Other substances that could cause birth defects are chemicals used in manufacturing and agriculture, as well as heavy metals like mercury, which are contaminating the groundwater and air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations which expose women to harmful chemicals and substances that can affect their reproductive health and lead to birth defects.
It is crucial to gather as many evidences as you can prior to filing a suit against the responsible parties. This includes ultrasound images, blood tests and medical bills that arise as a result of the birth defect. This information helps the attorney determine the worth of the case.
Product Liability
Pregnancy is among the most exciting and nerve-wracking experiences a woman can go through in her life. But it’s also a period where many medical professionals make mistakes that can cause birth defects. An experienced attorney can assist parents file a claim against those accountable for their child’s handicap and receive the compensation they deserve.
While the causes of birth defects are usually unknown to medical professionals however, many of them can be attributed to exposure to chemicals or environmental factors. This could include exposure of parents to toxic chemicals in the workplace such as glycol ethers and [Redirect-Java] solvents in semiconductor manufacturing, as well as agricultural chemicals used in pesticides and crop spraying.
The pharmaceutical companies and those who prescribe medications are also required to warn the public about the risks. However, a significant portion of these drugs are offered off-label to women of childbearing age without warnings regarding the risk of birth defects. This is particularly relevant for antidepressants like 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 by parents such as those that are employed in semiconductor manufacturing or agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.