Do You Know How To Explain Birth Defect Legal To Your Boss
Birth Defect Litigation
Certain injuries are beyond the parents' control. When these injuries require special treatment and expensive procedures, it could cause families to be faced with massive costs.
A New York birth defect attorney can help parents in shock file an action to receive compensation for future expenses. However, the law imposes strict deadlines for when a claim must be filed.
Statute of Limitations
Modern technology and medical advances have helped reduce the risks associated with childbirth and pregnancy. However, birth defects and injuries continue to occur. If they're preventable, families should consider their legal options.
Many birth defect lawsuits are founded on allegations of medical malpractice that occurred. These cases may involve errors made by nurses or doctors staff at any point during labor, birth and pregnancy. Medical professionals can also commit malpractice after the birth of a baby by failing to provide the correct treatment.
Generally speaking, the time-limit for these cases is 2.5 years from the date of the occurrence of medical malpractice. For infants, this time is sometimes extended. It is important to consult a lawyer whenever you can to ensure that all evidence is collected and that a timely complaint can be filed.
In addition to medical malpractice, a lawsuit can also be brought on behalf of a baby for birth defects that result from wrongful toxic and chemical exposures that occur during the mother's pregnancy. Lawyers specially trained in birth defects can investigate and prosecute these claims on behalf of the family.
When selecting an attorney for a birth defect or birth injury lawsuit parents should consider the following qualities:
Medical Malpractice
Birth defects can result in a wide range of mental or physical issues. Some birth defects can be fatal. Some of these issues are genetic, but others are due to environmental exposures or the use of prescription medications during pregnancy.
A doctor or medical professional could be convicted of malpractice if they cause birth defects through their actions or inaction. Most cases involve medical negligence during labor or delivery. They may also involve any perform a task that is not within the standard of medical care, for example failing to recognize an illness or prescribing incorrect medication during pregnancy.
One example of situation is a drug called teratogens. This medication can cause serious birth defects. Doctors typically advise women 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 a claim.
It is important to select an attorney who has experience in handling these kinds of cases. You should choose a firm that has years of experience in this field and is based on contingency, meaning that you don't pay anything until you are successful. Choose an attorney with great negotiation and communication skills. This can help ensure that your claim is filed before the time limit expires.
Prescription Drugs
Many birth defects result in mental or physical disabilities, that require costly medical treatment and accommodations for the child. These problems are usually genetic, but can also be caused by environmental or chemical exposure or medications taken by the mother during pregnancy.
Drug makers are required to test their products thoroughly and warn consumers of any risks. Sadly many pharmaceutical companies fail to keep up with research or foresee potential side effects. Furthermore, doctors may prescribe dangerous medicines to their patients and some women do not get proper information about the dangers of taking certain drugs during pregnancy. These drugs are referred to as teratogens and can cause birth defects in the fetus, including spina bifida.
Other substances that could cause birth defect attorneys defects are the chemicals used in the manufacturing and agricultural industries, and heavy metals like mercury which affect groundwater or the air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women to toxic chemicals and substances that could affect their reproductive health and cause birth defects.
When filing an action against the parties responsible for your child's condition it is crucial to gather as much evidence as possible. Included in this are any ultrasound images, blood tests, and medical bills that are incurred due to. This will help the attorney determine the monetary value of the case.
Product Liability
Pregnancy is among the most exciting, but nerve-wracking experiences in a woman's lifetime. It's also a time where many medical professionals make mistakes that could lead to birth defects. A top attorney can assist parents in submitting an action and obtaining the compensation they deserve against those responsible for the handicap of their child.
Although the causes of birth defects are generally not understood by medical professionals but a large proportion of birth defects can be attributed to exposure to chemicals or environmental causes. This can include parental exposure to harmful chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used in pesticides and crop spraying.
The manufacturers and the people who prescribe medicines must also warn the public about the dangers of their products. Yet, a substantial portion of these drugs are sold off-label for women of childbearing age without proper warnings about the possibility of birth defects. 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 chemical and pharmaceutical companies. He concentrates his practice on cases that involve the occurrence of birth defects that result from exposure of parents to toxic chemicals, including those used in semiconductor manufacturing as well as agriculture. He is a graduate of the American University in Washington, D.C. as well as Suffolk University Law School.