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Birth Defect Litigation
Certain injuries are beyond the parents’ control. Families may be left with a large bill when injuries require expensive procedures and special care.
A New York birth defect lawyer can assist parents who are stunned to file claims and receive compensation to cover future costs. The law has strict deadlines for when claims can be filed.
Statute of Limitations
Modern technology and medical advancements have helped to reduce the risks that come with childbirth and pregnancy. However, birth defects and injuries still occur. Families should consider their legal options when they are preventable.
Many birth defect lawsuits are founded on allegations of medical malpractice. These cases may involve errors made by doctors or nursing staff at any time during pregnancy, labor and birth. Additionally medical professionals can be guilty of medical malpractice following the birth of a baby when they fail to provide proper care.
In general, the statutes of limitations for these cases are 2.5 years from the date of the medical negligence. For infants this can be extended. It is crucial to consult a lawyer immediately to ensure that all the evidence is gathered, and that a timely complaint can be filed.
In addition to medical malpractice, a suit can also be brought on behalf of an infant for birth defects resulting from improper toxic and chemical exposures that take place during the mother’s pregnancy. Specially trained wilkes barre birth defect lawyer, https://Vimeo.com/707312632, defect lawyers can look into these claims and bring them to trial on behalf of the family.
Parents should take into consideration the following factors when choosing an attorney to represent them in a lawsuit involving birth injury or defect:
Medical Malpractice
Birth defects can lead to various mental and physical issues. Some of them can be fatal. Some of these problems are inherited, while others are caused by exposure to environmental factors or the usage of prescribed drugs during pregnancy.
A doctor or medical professional could be accused of malpractice when they cause birth defects by their actions or wilkes barre Birth defect lawyer inaction. Most cases involve medical negligence during the birth or labor process. However, they can also comprise any act or failure to act in excess of a medical standard of care, such as failing to recognize a medical issue or prescribing the wrong medicine during pregnancy.
One example involves the teratogens. These drugs can result in birth defects that are serious. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If a pregnant woman is exposed to this drug, she should file a claim.
It is important that you choose an attorney with experience in these types of cases. Find a firm that is specialized in this area, and works on a contingency basis, so you won’t have to pay a dime unless you get the case won. Find an attorney who has excellent communication and negotiation skills. This will ensure that you file your claim before the statute of limitations expires.
Prescription Drugs
Many birth defects result in mental or physical disabilities that require expensive medical treatment and accommodations for the child. Most often, these disorders are genetic, but some of them may be caused by chemical or environmental exposure, or the medications the mother consumed during pregnancy.
Drug manufacturers are required to test their products thoroughly and warn the public of any potential risks. Unfortunately some pharmaceutical companies fail to keep up with the latest research or fail to anticipate potential side consequences. Certain 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, referred to as teratogens may cause birth defects, like spina-bifida in the fetus.
Other substances that can cause ivins birth defect attorney defects are the chemicals used in the agricultural and manufacturing industries, and heavy metals like mercury which pollute groundwater and air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women chemicals and other substances that harm their reproductive health and lead to birth defects.
It is important to collect as many evidences as you can prior to filing a lawsuit against the parties responsible. Included in this are any ultrasound images and blood tests as well as medical bills incurred due to. This information assists the attorney assess the worth of the case.
Product Liability
Pregnancy is one of the most exciting and nerve-wracking times in a woman’s life. It’s also a time where medical professionals are prone to making mistakes that lead to birth defects. An experienced attorney can assist parents file a claim against those accountable for their child’s handicap and get the amount of compensation they deserve.
Medical experts are not always able to determine the causes of birth defects, but a large number can be due to environmental or chemical exposure. This can include exposure by parents to toxic chemicals in the workplace such as solvents and glycol ethers in semiconductor manufacturing, as well as agricultural chemicals used in crop spraying and pesticides.
In addition, the manufacturer and those who prescribe prescription medications have a responsibility to inform consumers of the dangers. However, a significant portion of these drugs are sold off-label to women of childbearing age without warnings regarding the risk of 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 chemical companies. His practice focuses on cases involving the occurrence of birth defects resulting from parental exposure to toxic chemicals, including the ones used in semiconductor manufacturing and agriculture. He is a graduate of the American University in Washington, D.C. and Suffolk University Law School.