The Reasons To Focus On Enhancing Birth Defect Legal
Birth Defect Litigation
Some injuries are beyond the parents or their control. When injuries require specialized care and costly procedures, it can cause families to incur huge costs.
A New York birth defect lawyer can assist parents who are shocked to file claims and receive compensation to pay for future expenses. However, the law puts strict time limitations on when a claim must be filed.
Statute of limitations
Modern technology and medical advancements have reduced the risks that are 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 allegations of medical malpractice. These cases may involve mistakes committed by nurses or doctors at any point in the labor and birth procedures. Medical professionals may also be negligent following the birth of a baby by failing to provide the correct treatment.
In general the statute of limitations in these cases is 2.5 years from the date of the medical negligence. The time limit can be extended to infants. It is essential to talk with an attorney early enough to ensure that all evidence is collected and that a timely complaint can be filed.
In addition to medical malpractice, a suit could also be filed on behalf of an infant for birth defects caused by improper exposure to chemicals and toxic substances that take place during the mother's pregnancy. Lawyers specially trained in birth defects can investigate these claims and pursue them on behalf of the family.
When selecting an attorney for a birth defect or birth injury lawsuit, parents should look for the following qualities:
Medical Malpractice
Birth defects can lead to a variety of mental and physical ailments. Some of them can be fatal. Some of these problems are genetic, but others are caused by exposure to environmental factors or the use of prescription medications during pregnancy.
A doctor or medical professional can be accused of negligence when they cause birth defect law firms defects as a result of their actions or inaction. These cases typically involve medical negligence during labor or delivery. They can also be a result of any act of failure to do something that is below the standard of medical care, for example the failure to diagnose an illness or prescribing incorrect medication during pregnancy.
One example is involving the teratogens. These drugs can result in birth defects that are serious. In the course of pregnancy, doctors generally advise women to stay clear of this medication, which is utilized to treat seizures. If women are exposed to the drug it is recommended that she file an insurance claim.
It is crucial to select an attorney who has handled these types of cases. You should choose an attorney who has extensive experience in this field. It also is on contingency, which means you won't be charged anything until you win. Look for an attorney who has excellent communication and negotiation skills. This will ensure that your claim is filed before the statute of limitations expires.
Prescription Drugs
Many birth defects cause physical or mental disabilities that require costly medical treatment and accommodations for the child. Often, these conditions are inherited, but a few of them can be caused by environmental or chemical exposure or medication that the mother consumed during pregnancy.
Drug manufacturers have an obligation to thoroughly test their products and inform consumers of any risks. Sadly certain pharmaceutical companies do not keep up with the latest research or anticipate the potential adverse consequences. Moreover, doctors may prescribe dangerous drugs to patients, and some women do not receive the correct information regarding the dangers of taking certain drugs during pregnancy. These drugs are known as teratogens and can cause birth defects within the fetus, including spina Bifida.
Other substances that could cause birth defects include chemicals used in manufacturing and agriculture in addition to heavy metals like mercury that are contaminating groundwater or the air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations which expose women to harmful chemicals and substances that affect their reproductive health and cause birth defects.
It is essential to gather as many evidences as you can before making a claim against the party responsible. This includes any ultrasound images, blood tests, and medical bills that arose as a result of the birth defect. This allows the attorney to determine the monetary worth of the case.
Product Liability
Pregnancy is among the most exciting and nerve-wracking experiences in women's lives. It's also the time that medical professionals make mistakes that lead to birth defects. An experienced attorney can help parents in submitting a claim and obtaining the money they deserve from those responsible for the handicap of their child.
Although the causes of birth defects are often unknown to medical experts, a significant number are linked to environmental or chemical exposure. This can include parental contact with toxic chemicals in the workplace, for example glycol ethers and solvents used in semiconductor manufacturing, as well as chemical pesticides used in agriculture and spraying crops.
In addition, the manufacturer and the people who prescribe prescription medications are required to inform people about 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 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 focuses his practice on cases that involve the occurrence of birth defects due to exposure of parents to toxic chemicals, such as those used in semiconductor manufacturing and agriculture. He is a graduate from the American University in Washington, birth defect lawsuits D.C., and Suffolk University Law School.