Birth Defect Litigation
Certain injuries are beyond the parents or their control. Families could be faced with huge bills when these injuries require expensive procedures and special care.
A New York birth defect lawyer can assist parents who are shocked to file an appeal and obtain compensation to pay for future expenses. The law has strict time limitations for when claims can be filed.
Statute of Limitations
Modern medical technology and advances have helped to reduce risks associated with childbirth, pregnancy and Birth Defect Lawsuit. Birth 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 result from mistakes committed by nurses or doctors staff at any stage of labor, pregnancy and birth. In addition medical professionals could be guilty of medical malpractice after a child’s birth if they fail to provide the correct treatment.
Generally, the statute of limitations in these cases is 2.5 years from the date of the incident of medical negligence. For infants, this time can be extended. However, it is essential to seek legal counsel immediately to ensure that all evidence has been collected and that a timely claim be filed.
In addition to medical malpractice, a lawsuit can also be brought on behalf of an infant for birth defects caused by improper exposure to chemicals and toxic substances that take place during the mother’s pregnancy. Lawyers specially trained in birth defects can look into these claims and bring them to trial on behalf of the family.
When choosing an attorney to represent them in a birth defect lawsuit injury or defect lawsuit, parents should look for the following characteristics:
Medical Malpractice
birth defect law firms defects can lead to various mental and physical issues. Some of them could be fatal. Certain of these problems could be genetic while others are triggered by environmental exposures or prescription drugs used during pregnancy.
A doctor or medical professional 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 labor process. They may also involve any act which falls below a standard of medical care, for example, failing to diagnose an illness or prescribing the wrong medication during pregnancy.
One such type of case is a medication called teratogens, which can cause birth defects that are serious. During pregnancy, doctors usually advise women to avoid taking this medication, which is used to treat seizures. If a pregnant woman is exposed to this medication, she must make a claim.
It is important that you select an attorney with expertise in these kinds of cases. It is best to choose a firm that has experience in this field and operates on contingency basis, which means you won’t have to pay anything until you win. Look for an attorney who has excellent communication and negotiation skills. This will ensure that your claim is filed before the time limit expires.
Prescription Drugs
A lot of birth defects can cause mental or physical disabilities which require expensive medical care and accommodations for the child. Often, these conditions are genetic, but some of them may be caused by chemical or environmental exposure or medication that the mother consumed 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-to-date with current research or fail to anticipate potential adverse consequences. In addition, doctors can prescribe dangerous medicines to their patients, and some women do not receive the correct information regarding the dangers of taking certain medications during pregnancy. These drugs, Birth defect lawsuit known as teratogens may cause birth defects, including spina-bifida in the fetus.
Other substances that may cause birth defects are chemicals used in manufacturing and agriculture in addition to heavy metals like mercury that are contaminating groundwater or the air. Diane Paolicelli’s legal profession has been dedicated to fighting powerful corporations that expose women to toxic chemicals and substances that can damage their reproductive health or lead to birth defects.
If you are filing lawsuits against the people accountable for your child’s condition, birth defect lawsuit it is important to gather as much evidence as possible. This includes any ultrasound scans, blood tests, and medical bills that arise as a result of the birth defect. This information helps the attorney determine the value of the case.
Product Liability
Pregnancy is among the most thrilling and stressful moments in a woman’s life. It’s also a time where medical professionals often make mistakes that could cause birth defects. A top attorney can help parents make a claim against those who are responsible for their child’s disabilities and get 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 caused by environmental or chemical exposure. This can be due to 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 spraying for crops and pesticides.
The manufacturers and the people who prescribe medication also have a duty to inform the public about the risks. A large portion of these drugs are offered to women who are expecting without warnings about the risk of birth defect. This is especially relevant 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. He focuses his practice on cases that involve the occurrence of birth defects due to parental exposure to toxic chemicals, including those used in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.