Corina Billups asked 4 months ago
Birth Defect Litigation
Parents want perfect children However, some injuries occur beyond their control. If injuries that result from these accidents require special medical attention and expensive procedures, it can cause families to incur huge costs.
A New York birth defect lawyer can assist parents who are stunned to file claims and receive compensation to cover future expenses. However, the law puts strict deadlines on when a claim needs to be filed.
Statute of limitations
Modern technology and medical advances have helped to reduce the risks associated with pregnancy and childbirth. birth defect law firms defects and injuries persist. Families must consider their legal options when they can be prevented.
Many birth defect lawsuits are based upon allegations of medical malpractice. These lawsuits can be based on mistakes committed by nurses or doctors at any point during the labor and birth procedures. Additionally medical professionals can be guilty of medical malpractice after the birth of a child when they fail to provide proper care.
In general the statute of limitations for these cases is 2.5 years from the date of the medical error. For infants, this time can be extended. It is nevertheless important to seek legal counsel as soon as you can to ensure that all evidence is obtained and that a timely claim be filed.
In addition to medical malpractice, a suit could also be filed on behalf of an infant for birth defects that result from wrongful toxic and chemical exposures that occur during the mother’s pregnancy. Specially trained birth defect lawyers can investigate and bring these cases on behalf of the family.
When choosing an attorney for a birth defect or birth injury lawsuit, parents should look for the following characteristics:
Medical Malpractice
Birth defects can trigger numerous mental or physical ailments. Certain birth defects can be fatal. Certain of these problems could be genetic while others are caused by exposure to the environment or prescription medications taken during pregnancy.
A medical professional or doctor could be accused of misconduct when they cause birth defects through their actions or inaction. Most cases involve medical negligence during labor or delivery. However, they may also include any act or failure to act that falls short of a medical standard of care, for instance, failing to diagnose a problem or prescribing the wrong medication during pregnancy.
One instance of situation involves a drug called teratogens. It can cause serious birth defects. During pregnancy, doctors typically advise women to not take this medication, which is commonly used in the treatment of seizures. If a woman is exposed to the drug, then she should submit an insurance claim.
It is important that you choose an attorney who has prior experience in these types of cases. You should look for an attorney who has expertise in this area and works on contingency, so you won’t have to pay anything until you are successful. Choose an attorney with excellent communication and negotiation skills. This can help ensure that your claim is filed 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. These problems are usually caused by genetics, but can also be caused by environmental or chemical exposure or medication taken by the mother during pregnancy.
Drug makers are required to ensure that their products are tested properly and warn consumers about any risks. Sadly certain pharmaceutical companies fail to keep up with research or anticipate possible side consequences. In addition, doctors can prescribe dangerous medications to their patients and women may not receive adequate information on the dangers of taking certain drugs during pregnancy. These drugs are referred to as teratogens. They could cause birth defects in the fetus. This includes spina Bifida.
Other substances that can cause birth defects are chemicals that are used in manufacturing and agriculture, as well as heavy metals like mercury, which are contaminating the groundwater or air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women to harmful chemicals and substances that affect their reproductive health and lead to birth defects.
It is crucial to collect as all evidence you can prior to filing a lawsuit against the parties accountable. This includes any ultrasound images, blood tests, and medical bills that arose because of the birth defect. This assists the attorney in determining the financial value of the case.
Product Liability
Pregnancy can be one of the most exciting and nerve-wracking experiences in women’s lives. It’s also the time that medical professionals can make mistakes that result in birth defects. An experienced attorney can help parents to file a claim against the medical professionals accountable for their child’s handicap and obtain the amount of compensation they deserve.
Medical professionals aren’t always able to pinpoint the exact cause of birth defects, however many of them can be attributed to chemical or environmental exposure. This can include exposure by parents to toxic chemicals at work such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used in pesticides and crop spraying.
Additionally, the manufacturers and the people who prescribe prescription medications must inform people of their risks. Yet, a substantial portion of these drugs are offered off-label to women who are pregnant age without warnings regarding the risk of birth defects. This is particularly relevant for antidepressants like Prozac and Zoloft.
Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defects lawsuits against chemical and pharmaceutical companies. He concentrates his practice on cases where birth defects are caused by exposure of parents to toxic chemicals such as those employed in semiconductor manufacturing or agricultural. He graduated from American University in Washington, D.C. and Suffolk University Law School.