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Birth Defect Litigation
Certain injuries are beyond the parents or their control. Families may be left with a large bill when injuries require expensive procedures and special treatment.
A New York birth defect lawyer can assist parents in filing claims and receive compensation to cover future costs. However, the law has strict time limitations on the time a claim has to 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 do occur. When they are preventable, families should consider their legal options.
Many birth defect lawsuits are founded on allegations that medical malpractice occurred. These cases can involve errors made by doctors or nurses at any point in the birth defect attorneys, labor and delivery processes. Additionally medical professionals can be guilty of medical malpractice after the birth of a child by failing to provide proper care.
In general, the statutes of limitations in these cases are 2.5 years after the date of the medical error. For infants this period can be extended. It is important to consult a lawyer as soon as you can to ensure that all evidence is gathered, and that a timely complaint can be filed.
A lawsuit can be filed on behalf of a child to claim birth defects that are caused by chemical and toxic exposures during pregnancy. Specially trained birth defect lawyers can investigate and defend these claims on behalf of the family.
Parents should be aware of the following characteristics when choosing an attorney to represent them in a lawsuit involving birth defects or injuries:
Medical Malpractice
Birth defects can cause various physical and mental problems. Some birth defects can cause death. Some of these problems may be caused by genetics while others are caused through exposure to the environment or prescription medications used during pregnancy.
A medical professional or doctor could be accused of misconduct when they cause birth defects due to their actions or inaction. The majority of these cases are caused by medical negligence during delivery or labor. However, they can comprise any act or failure to act that is not in the range of a medical standard of care, like failing to diagnose a condition or prescribing the wrong medication during pregnancy.
One example of this type of situation involves a drug called teratogens, which can cause birth defect attorney defects that are serious. Doctors usually advise women not to take this medication during pregnancy. It is used to treat seizures. If a pregnant woman is exposed to this drug, she should file a claim.
It is important to select an attorney who has handled these kinds of cases. Look for a law firm that specializes in this area, and works on an hourly basis, which means there is no cost unless you succeed. Choose an attorney with outstanding negotiation and communication skills. This can help ensure that your claim is filed before the statute of limitations expires.
Prescription Drugs
Many birth defects result in physical or mental disabilities that require costly medical treatment and accommodations for the child. These issues are often caused by genetics, but can also be caused by chemical or environmental exposure, or by medications taken by the mother during pregnancy.
Drug manufacturers have an obligation to test their products thoroughly and warn consumers of any risks. Unfortunately certain pharmaceutical companies do not keep up with research or anticipate possible side effects. Moreover, birth defect Lawyers doctors may prescribe dangerous drugs to their patients as well as some women do not have adequate information about the dangers of taking certain drugs during pregnancy. These drugs are referred to as teratogens. They can cause birth defects in the fetus, including spina Bifida.
Other substances that can cause birth defects are chemicals used in agriculture and manufacturing and heavy metals such as mercury, which are contaminating the groundwater and air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women to toxic chemicals and substances that cause harm to their reproductive health and lead to birth defects.
If you decide to file lawsuits against the people accountable for your child's condition, it is important to gather the most evidence you can. Included in this are ultrasound images as well as blood tests and medical bills that are incurred as a result. This will help the attorney determine the financial worth of the case.
Product Liability
Pregnancy is among the most exciting and nerve-wracking experiences a woman can go through in her life. It's also a time where medical professionals can make mistakes that lead to birth defects. An experienced attorney can help parents in submitting an action and obtaining the amount they deserve from those who are responsible for the impairment of their child.
Medical professionals aren't always able to determine the causes of birth defects, however a large number can be due to environmental or chemical exposure. This can be due to exposure by parents to toxic chemicals in the workplace 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 medications also have a duty to warn the public about their risks. A majority of these drugs are offered to pregnant women without warnings about the possibility of birth defect. This is especially relevant for antidepressants like Prozac and Zoloft.
Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defects lawsuits against pharmaceutical and chemical companies. He focuses his practice on cases involving the development of birth defects caused by parental exposure to toxic chemicals, which includes those used in semiconductor manufacturing and agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.