Why You Should Focus On Improving Birth Defect Legal
Birth Defect Litigation
Parents want perfect children However, some injuries occur outside their control. Families may be left with a huge bill when injuries require costly procedures and birth defect lawsuits special care.
A New York birth defect lawyer can assist parents who are shocked to file claims and receive compensation to cover the cost of future expenses. However, the law places strict deadlines for when a claim must be filed.
Statute of Limitations
Modern technology and medical advancements have helped to reduce the risks that come with childbirth and pregnancy. However, birth defects and injuries still occur. If they're preventable, families should consider their legal options.
Many birth defect lawsuits stem from allegations of medical malpractice. These lawsuits can be based on mistakes made by nurses or doctors at any time during the birth, labor and delivery procedures. Medical professionals can also be negligent after 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 after the date of the medical malpractice. For infants, this time is sometimes extended. It is essential to talk with a lawyer whenever you can to ensure that all the evidence is collected and that a timely complaint can be filed.
A lawsuit can be filed on behalf of a child in relation to birth defects caused by toxic and chemical exposures during the pregnancy. Specially trained birth defect lawyers can investigate and defend these claims on behalf of the family.
Parents should consider the following aspects when choosing an attorney to represent their interests in a lawsuit filed for birth defect or injury:
Medical Malpractice
Birth defects can lead to a variety of physical and mental problems. Some birth defect lawsuit defects may cause death. Some of these issues are inherited, whereas others are due to exposure to environmental factors or the usage of prescription drugs during pregnancy.
Medical professionals or doctors may be accused of malpractice when they cause birth defects through their actions or inaction. These cases typically are caused by medical negligence during labor or delivery. However, they can comprise any act or failure to act that is in violation of the medical standard of care, such as not diagnosing a medical condition or prescribing the wrong medication during pregnancy.
One example involves the teratogens. These medications can cause serious birth defects. Doctors typically advise women not to take this medication during pregnancy. It is used to treat seizures. If the woman is exposed to the drug it is recommended that she file 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 experience in this field and is based on contingency, meaning that you don't have to pay nothing until you win. Look for an attorney with excellent communication and negotiation skills. This will ensure that you file your claim before the statute of limitations expires.
Prescription Drugs
Many birth defects lead to physical or mental disabilities, which require expensive medical care and accommodations for the child. Most of the time, these issues are genetically inherited, but some can be caused by chemical or environmental exposure, or the medications the mother consumed during pregnancy.
Drug makers are required to thoroughly test their products and inform consumers of any potential risks. Unfortunately, some pharmaceutical companies do not keep up-to-date with the latest research or fail to anticipate potential adverse consequences. In addition, doctors can prescribe dangerous drugs to patients and women may not get proper information about the dangers of taking certain medications during pregnancy. These medications, also known as teratogens, may cause birth defects such as spina-bifida in the fetus.
Other substances that could cause birth defects include chemicals used in agriculture and manufacturing, as well as heavy metals such as mercury, which are contaminating the groundwater or air. Diane Paolicelli's career in law has been dedicated to fighting powerful corporations that expose women to toxic chemicals and substances that may harm their reproductive health or cause birth defects.
If you are filing lawsuits against the parties accountable for your child's condition it is crucial to gather as much evidence as you can. This includes any ultrasound images, blood tests and medical bills incurred because of the birth defect. This allows the attorney to determine the monetary value of the case.
Product Liability
Pregnancy is one of the most exciting and nerve-wracking experiences a woman can go through in her life. However, it's also a time where many medical professionals make mistakes that could cause birth defects. A top lawyer can assist parents in filing a claim and obtaining the compensation they deserve against the people responsible for the disabilities of their child.
Although the causes of birth defects are often not understood by medical professionals, a significant number can be linked to exposure to chemicals or environmental causes. This could be due to contact by parents with toxic chemicals in the workplace, for example glycolethers and solvents utilized in semiconductor manufacturing as well as agricultural chemicals for pesticides and spraying on crops.
The manufacturers and the people who prescribe medicines are also obliged to warn people about the dangers. However, a significant portion of these drugs are offered off-label to women who are pregnant age without warnings regarding the potential for birth defects. This is especially applicable to antidepressants, such as Prozac and Zoloft.
Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits (Recommended Looking at) against chemical and pharmaceutical companies. He focuses his practice on cases involving the occurrence of birth defects resulting from parental exposure to toxic chemicals such as those in semiconductor manufacturing and agriculture. He is a graduate from the American University in Washington, D.C. and Suffolk University Law School.