Why You Should Focus On Improving Birth Defect Legal
Birth Defect Litigation
Certain injuries are beyond the parents or their control. Families can be left with huge debts when these injuries require costly procedures and Birth Defect Lawsuit special attention.
A New York birth defect attorney can help parents who are in shock to file a claim to get compensation for future expenses. The law has strict time limits for when claims can be filed.
Statute of limitations
Modern technology and medical advances have helped to reduce the risks associated with childbirth and pregnancy. However, birth Defect lawsuit defects and injuries can still occur. Families need to consider their legal options when they can be prevented.
Many birth defect law firm defect lawsuits are based upon allegations of medical malpractice. These lawsuits can be based on mistakes committed by nurses or doctors at any time during the labor and delivery procedures. Medical professionals can also commit malpractice after the birth of a child in the event that they fail to provide appropriate treatment.
In general the statute of limitation for these cases are 2.5 years from the date of the medical mistake. For infants, this can be extended. But, it is crucial to seek legal counsel early enough to ensure that all evidence is obtained and that a timely claim can be filed.
In addition to medical malpractice, a lawsuit can also be brought on behalf of an infant for birth defects that result from wrongful toxic and chemical exposures that occur during a mother's pregnancy. Specially trained birth defect lawyers can investigate and defend these claims 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 numerous mental or physical ailments. Certain birth defects can be fatal. Some of these problems are inherited, while others are caused by exposure to environmental factors or the use of prescription medications during pregnancy.
A medical professional or doctor may be accused of negligence when they cause birth defects by their actions or inaction. Most cases involve medical negligence during labor or delivery. They can also include any act of failure to be in compliance with a standard of medical treatment, for instance failing to recognize an illness or prescribing incorrect medication during pregnancy.
One example of situation involves a drug known as teratogens, which could cause birth defects that are serious. During pregnancy, doctors usually recommend women not to take this medication, which is used to treat seizures. If an individual is exposed to the drug she must make an insurance claim.
It is important that you choose an attorney who has prior experience in these types of cases. Find a law firm that is experienced in this field and operates on an on a contingency basis, meaning you don't have to pay any fees unless you are successful. Look for an attorney with an excellent ability to communicate and negotiate. This will ensure that your claim is filed before the time limit expires.
Prescription Drugs
A lot of birth defects can cause mental or physical disabilities which require costly medical care and accommodations for the child. Often, these conditions are inherited, but a few of them are caused by chemical or environmental exposure, or by medications the mother was taking during pregnancy.
Drug manufacturers are required to adequately test their products and warn consumers about any potential risks. Unfortunately certain pharmaceutical companies don't keep up-to-date with current research or fail to anticipate potential adverse effects. Furthermore, doctors may prescribe dangerous medicines to their patients and women may not get proper information about the risks associated with taking certain medications during pregnancy. These drugs are referred to as teratogens. They can cause birth defects in the fetus. This includes spina Bifida.
Other substances that can cause birth defects are chemicals employed in the production and agricultural industries in addition to heavy metals, like mercury, which are contaminating the groundwater or the air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations which expose women to harmful chemicals and substances that cause harm to their reproductive health and lead to birth defects.
If you decide to file lawsuits against the parties that are accountable for your child's health, it is important to gather the most evidence you can. Included in this are ultrasound images or blood tests, as well as medical bills that are incurred as a result. This information assists the attorney determine the worth of the case.
Product Liability
Pregnancy is among the most exciting and nerve-wracking moments in a woman's life. It's also the time when medical professionals can make mistakes that result in birth defects. A top attorney can help parents bring a lawsuit against those responsible for their child's condition and acquire the justice they deserve.
While the causes of birth defects are usually unknown to medical professionals, a significant number can be attributed to exposure to chemicals or environmental factors. This can include parental contact with toxic chemicals in the workplace, like glycol ethers and solvents used in semiconductor manufacturing and agricultural chemicals used for pesticides as well as spraying of crops.
Manufacturers and those who prescribe medications are also obliged to inform the public about the risks. However, a significant portion of these medications are sold off-label for women of childbearing age, without warnings about the potential for birth defects. This is particularly true 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. His practice is centered around cases where birth defects result from exposure to toxic chemicals by parents like those used in the manufacture of semiconductors or in agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.