20 Resources That ll Make You Better At Birth Defect Legal
Birth Defect Litigation
Some injuries are beyond the parents in their control. Families are left with huge bills when these injuries require expensive procedures and special care.
A New York birth defect attorney can help parents who are grieving and file an action to receive compensation for future expenses. The law has strict deadlines for when claims can be filed.
Statute of limitations
Modern technology and medical advances have helped reduce the risks of childbirth and pregnancy. However birth defects and injuries can still occur. If they're preventable, families should consider their legal options.
Many birth defect lawsuits are stemming from allegations of medical malpractice that occurred. These lawsuits can be based on mistakes made by nurses or doctors at any point during the pregnancy, labor and delivery procedures. In addition medical professionals may be guilty of medical malpractice after a child's birth by failing to provide proper treatment.
Generally speaking, the time limit for these cases is 2.5 years from when the act was committed of medical malpractice. This time frame can be extended to infants. But, it is crucial to seek legal advice immediately to ensure that all evidence is obtained 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 pregnancy. Lawyers specially trained in birth defects can investigate these claims and bring them to trial on behalf of the family.
When choosing an attorney for a birth injury or defect lawsuit parents should be looking for the following characteristics:
Medical Malpractice
Birth defects can cause a wide range of mental or physical issues. Some of them may even be fatal. Some of these issues are genetic, but others are caused by exposure to environmental factors or the use of prescription drugs during pregnancy.
Medical professionals or doctors can be accused of negligence when they cause birth defects by their actions or inaction. These cases usually are due to medical negligence during labor or delivery. However, they can include any act or failure to act that is not in the range of the medical standard of care, for instance, not diagnosing a medical condition 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. When pregnant, doctors usually advise women to stay clear of this medication, which is commonly used in the treatment of seizures. If women are exposed to the drug she must submit an action.
It is essential to choose an attorney who has previous experience in these cases. You should seek out a firm that has years of experience in this field and is on contingency, which means you don't pay anything until you are successful. Choose an attorney with outstanding negotiation and communication skills. This will help to ensure that you file your claim before the statute of limitations expires.
Prescription Drugs
Many birth defects can cause mental or physical disabilities that require expensive 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 Birth Defect Attorney the medications the mother was taking during pregnancy.
Drug makers are required to test their products correctly and warn the public of any risks that could be present. Sadly certain pharmaceutical companies do not keep up with research or foresee potential side effects. Some doctors recommend dangerous drugs to their patients and some women are not informed about the risks of using certain drugs during pregnancy. These drugs are known as teratogens. They may cause birth defect attorneys defects in the fetus, including spina bifida.
Other substances that could cause birth defects include chemicals used in manufacturing and agriculture as well as heavy metals such as mercury that are contaminating groundwater or air. Diane Paolicelli's career in law has been focused on fighting powerful corporations who expose women to harmful chemicals and substances that can cause harm to their reproductive health and cause birth defects.
If you decide to file a lawsuit against the parties that are accountable for your child's health it is essential to gather as much evidence as possible. Included in this are ultrasound images and blood tests as well as medical bills that are incurred as a result. This allows the attorney to determine the value of the case.
Product Liability
Pregnancy is among the most thrilling and stressful times in a woman's life. However, it's also a time when many medical professionals make mistakes that can lead to birth defects. A top attorney can assist parents in submitting claims and getting the amount they deserve from the people responsible for the disabilities of their child.
While the causes of birth defects are generally unknown to medical professionals however, a significant proportion are linked to exposure to chemicals or environmental factors. This can be due to exposure by parents to harmful chemicals at work, such as glycol ethers and solvents in semiconductor manufacturing, as well as agricultural chemicals used for pesticides and crop spraying.
The manufacturers and the people who prescribe medicines also have a duty to warn people about the dangers. However, a lot of these drugs are marketed off-label to women who are pregnant age without proper warnings about the risk of birth defects. This is especially relevant for antidepressants like Prozac and birth defect attorney Zoloft.
Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. His practice is centered around cases that involve the occurrence of birth defects resulting from parental exposure to toxic chemicals, including those used in semiconductor manufacturing and agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.