Birth Defect Litigation
Some injuries are beyond the parents of their control. When injuries require specialized medical attention and expensive procedures, it could result in huge costs for families.
A New York birth defect attorney can assist parents who are grieving and file claims to obtain compensation for future expenses. However, the law places strict time limitations on the time a claim has to be filed.
Statute of Limitations
Modern technology and medical advancements have helped to reduce the risks that come with childbirth and pregnancy. Birth defects and injuries do still occur. Families need to consider their legal options when they are preventable.
Many birth defect lawsuits are based upon allegations of medical malpractice. These cases could involve mistakes made by nurses or birth defect lawsuit doctors at any time during the labor and delivery procedures. Medical professionals can also be negligent following the birth of a child if they fail provide proper treatment.
Generally, the statute of limitations in these cases is 2.5 years from the date of the occurrence of medical malpractice. This time period may be extended for infants. It is essential to speak with a lawyer immediately to ensure that all the evidence is collected and that a timely complaint be filed.
In addition to medical malpractice, a lawsuit could also be filed on behalf of an infant for birth defects resulting from improper exposure to chemicals and toxic substances that occur during the mother's pregnancy. Specially trained birth defects lawyers can look into these claims and pursue them 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 result in many physical or mental problems. Some of them may even be fatal. Certain of these problems could be genetic while others are caused by environmental exposures or prescription medications used during pregnancy.
A doctor or medical professional may be accused of malpractice when they cause birth defects as a result of their actions or inaction. These cases typically involve medical negligence during the Birth Defect Lawsuit or labor process. However, they could also be a result of any action or failure to act that falls short of a medical standard of care, for instance, birth Defect Lawsuit failing to diagnose a condition or prescribing the wrong medicine during pregnancy.
One example of situation is a drug called teratogens. It can cause serious birth defects. Doctors typically advise women not to take this medication during pregnancy. It is used to treat seizures. If an individual is exposed to the drug, then she should submit an insurance claim.
It is crucial to choose an attorney who has expertise in these kinds of cases. It is best to choose a firm with extensive experience in this field. It also works on contingency, so you won't be charged anything until you are successful. Look for an attorney who has excellent communication and negotiation skills. This will help ensure that you file your claim before the statute of limitation expires.
Prescription Drugs
A variety of birth defects cause physical or mental disabilities that require costly medical treatment and accommodations for the child. Most often, these disorders are inherited, but a few of them may be caused by environmental or chemical exposure, or medications that the mother took while pregnant.
Drug makers are required to thoroughly test their products and inform consumers of any risks. Sadly many pharmaceutical companies do not keep up with the latest research or anticipate possible side consequences. Certain doctors prescribe dangerous drugs to their patients, and some women are not informed about the dangers associated with taking certain medications while pregnant. These drugs are referred to as teratogens, and they can cause birth defects within the fetus including spina bifida.
Other substances that can cause birth defects are chemicals used in the manufacturing and agricultural industries, and heavy metals like mercury which contaminate air or groundwater. Diane Paolicelli's legal career is dedicated to combating powerful corporations that expose women to toxic chemicals and substances that could harm their reproductive health or lead to birth defects.
It is crucial to gather as the evidence you can prior to filing a lawsuit against the party responsible. Included in this are ultrasound images, blood tests, and medical bills that are incurred due to. This information helps the attorney determine the worth of the case.
Product Liability
Pregnancy is among the most exciting and nerve-wracking moments in a woman's life. It's also a time when medical professionals can make mistakes that can lead to birth defects. An experienced attorney can help parents to file a claim against the medical professionals responsible for their child's condition and acquire the compensation they deserve.
Medical experts are not always able to determine the exact cause of birth defects, however a large number can be due to environmental or chemical exposure. This could include contact from parents with toxic chemicals at the workplace, such as glycol ethers and solvents used in semiconductor manufacturing as well as agricultural chemicals used for pesticides as well as spraying of crops.
The manufacturers and the people who prescribe medicines also have a duty to inform people about the dangers. A significant portion of these drugs is marketed to women who are expecting without warnings about the possibility 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 pharmaceutical and chemical companies. He concentrates his practice on cases where birth defect lawyer defects result from parental exposure to toxic chemical like those employed in semiconductor manufacturing or farming. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.