Birth Defect Litigation
Parents want perfect babies However, some accidents happen outside their control. Families can be left with a huge bill when injuries require expensive procedures and special treatment.
A New York birth defect attorney can assist parents who are in shock file an action to receive compensation for future expenses. However, the law has strict deadlines when a claim should be filed.
Statute of Limitations
Modern technology and medical advances have made it possible to reduce the risks that are associated with childbirth, pregnancy and birth. Birth defects and birth defect injuries do persist. Families must consider their legal options if they can be prevented.
Many birth defect lawsuits are founded on allegations of medical malpractice that occurred. These lawsuits can result from mistakes made by nurses or doctors staff at any time during labor, birth and pregnancy. In addition medical professionals may be guilty of medical malpractice following a child’s birth when they fail to provide the correct treatment.
In general the statute of limitations for these cases is 2.5 years from the date of the medical mistake. This time frame can be extended for infants. It is essential to speak with an attorney early enough to ensure that all the evidence is collected and that a timely complaint be filed.
A lawsuit can be filed on behalf of a baby for birth defects caused by chemical and toxic exposures during pregnancy. Specially trained birth defect lawyers can investigate these claims and prosecute them on behalf of the family.
When choosing an attorney for a birth defect lawyer defect or birth injury lawsuit parents should be looking for the following qualities:
Medical Malpractice
Birth defects can cause numerous physical or mental problems. Some may even be fatal. Some of these issues are caused by genetics, while others are due to exposure to environmental factors or the usage of prescription drugs during pregnancy.
A medical professional or doctor could be convicted of malpractice in the event of causing birth defects due to their actions or inaction. These cases usually involve medical negligence during the birth or Birth defect labor process. They may also involve any other do something that is below the standard of medical care, such as failing to recognize an illness or prescribing the wrong medication during pregnancy.
One example of case is a medication called teratogens. This medication can cause birth defects that are serious. Doctors generally advise women not 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 an insurance claim.
It is vital to choose an attorney with expertise in these kinds of cases. Look for a law firm that has a specialization in this field and operates on the basis of a contingent fee, which means you don’t pay anything unless you get the case won. Also, look for a lawyer with strong communication and negotiation skills. This will help ensure that you submit your claim before the time for filing expires.
Prescription Drugs
Many birth defects lead to mental or physical disabilities that require expensive medical treatment and accommodations for the child. The majority of these problems are genetic, but some of them can be caused by chemical or environmental exposure or medication that the mother was taking during pregnancy.
Drug makers are required to ensure that their products are tested properly and warn the public of the potential dangers. Unfortunately many pharmaceutical companies do not keep up with research or foresee potential side consequences. Certain doctors prescribe dangerous drugs to their patients. Some women aren’t aware of the risks of taking certain medications while pregnant. These drugs, referred to as teratogens, can cause birth defects such as spina-bifida, which is a birth defect law firms defect in the fe.
Other substances that may cause birth defects are chemicals employed in the production and agricultural industries in addition to heavy metals like mercury that are contaminating groundwater or the air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations which expose women to harmful chemicals and substances that affect their reproductive health and lead to birth defects.
If you are filing lawsuits against the parties accountable for your child’s condition it is crucial to gather the most evidence you can. Included in this are any ultrasound images or blood tests, as well as medical bills that are incurred due to. This assists the attorney in determining the financial worth of the case.
Product Liability
Pregnancy can be one of the most exciting, but anxiety-inducing experiences in a woman’s lifetime. It’s also a time where medical professionals are prone to making mistakes that can lead to birth defects. A top lawyer can help parents bring a lawsuit against those who are responsible for their child’s disabilities and receive the proper compensation they’re entitled to.
Medical experts aren’t always able of determining the specific cause of birth defects, however the majority of them can be attributable to environmental or chemical exposure. This can include parental contact with toxic chemicals at the workplace, for example glycolethers and solvents utilized in semiconductor manufacturing, as well as chemical pesticides used in agriculture and spraying of crops.
In addition, manufacturers and those who prescribe prescription medicines must inform consumers of the dangers. However, a significant portion of these drugs are sold off-label for women of childbearing age without adequate warnings about the possibility of birth defects. This is particularly true for antidepressants such as Prozac and Zoloft.
Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. His practice is centered around cases where birth defects result from exposure to toxic chemicals by parents like those employed in semiconductor manufacturing or agricultural. He is a graduate from the American University in Washington, D.C., and Suffolk University Law School.