5 Things Everyone Gets Wrong In Regards To Birth Defect Legal
Birth Defect Litigation
Parents want their children to be perfect, but some injuries happen outside their control. If injuries that result from these accidents require special medical attention and expensive procedures, it can result in huge costs for families.
A New York birth defect lawyer can assist parents in filing claims and receive compensation to cover future costs. The law has strict deadlines on when a claim may be filed.
Statute of limitations
Modern technology and medical advances have reduced the risks associated with childbirth, pregnancy and birth. However, birth defects and injuries continue to occur. If they're preventable, families must consider their legal options.
Many birth defect lawsuits are founded on accusations of medical malpractice. These cases can involve errors made by nurses or doctors at any point during the pregnancy, labor and delivery procedures. Medical professionals may also be negligent after the birth of a baby in the event that they fail to provide appropriate treatment.
In general the statute of limitations in these cases is 2.5 years after the date of the medical negligence. This time period can be extended for infants. But, it is crucial to seek legal counsel immediately to ensure that all evidence is gathered and that a timely claim can be filed.
A lawsuit may be filed on behalf of a child for birth defects that are caused by chemical and toxic exposures during the pregnancy. Specially trained birth defect lawyers can investigate and bring these cases on behalf of the family.
Parents should take into consideration the following characteristics when choosing an attorney to represent their interests in a lawsuit filed for birth defect law firm defects or injuries:
Medical Malpractice
Birth defects can lead to numerous mental or physical issues. Some of them can be fatal. Some of these issues may be caused by genetics while others are caused by environmental exposures or prescription medications taken during pregnancy.
Medical professionals or doctors can be accused of negligence when they cause birth defects through their actions or inaction. These cases typically are based on medical negligence in labor or delivery. However, they can include any act or inability to act that is in violation of the medical standard of care, like not diagnosing a medical condition or prescribing the wrong medication during pregnancy.
One example involves teratogens. These medications can cause serious birth defects. Doctors usually 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 important that you choose an attorney with experience in these types of cases. Find a firm that specializes in this field and operates on the basis of a contingent fee, which means you don't pay anything unless you win. Look for an attorney who has excellent communication and negotiation skills. This will help ensure that you make your claim in time before the time for filing expires.
Prescription Drugs
Many birth defects result in 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 can be caused by chemical or environmental exposure, or by medications the mother was taking during pregnancy.
Drug manufacturers are required to thoroughly test their products and inform consumers of any risks. Sadly many pharmaceutical companies fail to keep up with the latest research or anticipate potential side consequences. Some doctors recommend dangerous drugs to their patients and some women aren't aware of 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, such as spina Bifida.
Other substances that may cause birth defects include chemicals used in manufacturing and agriculture and heavy metals like mercury, which are contaminating the groundwater and air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations which expose women to harmful chemicals and other substances that cause harm to their reproductive health and lead to birth defects.
If you decide to file lawsuits against the people that are accountable for your child's health it is crucial to gather the most evidence you can. This includes any ultrasound scans, blood tests, and medical bills that came up as a result of the birth defect. This assists the attorney in determining the monetary worth of the case.
Product Liability
Pregnancy is among the most exciting, yet stressful experiences in women's lives. But it's also a time when medical professionals can make mistakes that can cause birth defects. An experienced attorney can help parents make a claim against those responsible for their child's condition and receive the compensation they deserve.
Medical experts aren't always able of determining the root of birth defects, but a large number can be due to environmental or chemical exposure. This can be due to exposure by parents to toxic chemicals at work such as glycol ethers and solvents in semiconductor manufacturing, as well as agricultural chemicals used for spraying crops and pesticides.
Furthermore, manufacturers and those who prescribe prescription medicines must inform patients of the risks. A large number of these drugs are marketed to women who are pregnant without warnings about the possibility of birth defect. This is especially the case with antidepressants such as Prozac and Zoloft.
Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. He focuses his practice on cases where birth defects result from 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.