10 Things Everyone Hates About Birth Defect Legal
Birth Defect Litigation
Parents want perfect babies However, some injuries occur out of their control. When these injuries require special treatment and expensive procedures, it can cause families to be faced with massive costs.
A New York birth defect attorney can assist parents who are grieving and file a claim to get compensation for future expenses. However, the law puts strict deadlines when a claim must be filed.
Statute of limitations
Modern technology and medical advancements have helped to reduce the risks associated with pregnancy and childbirth. Birth defects and injuries do remain a possibility. Families need to consider their legal options if they can be prevented.
Many birth defect lawsuits are based upon allegations of medical malpractice. These lawsuits can result from mistakes committed by nurses or doctors staff at any point during labor, birth and pregnancy. In addition medical professionals could be guilty of medical malpractice following the birth of a child by failing to provide the correct treatment.
Generally, the statute of limitations in these cases is 2.5 years from the date of the incident of medical malpractice. For infants, this 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 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 the pregnancy. Specially trained birth defects lawyers can examine the claims and then prosecute them on behalf of the family.
Parents should consider the following qualities when selecting an attorney to represent them in a suit for birth defects or injuries:
Medical Malpractice
Birth defects can cause a variety of physical and mental problems. Some may even be fatal. Some of these issues are inherited, while others are due to environmental exposures or the use of prescription drugs during pregnancy.
A doctor or medical professional could be convicted of malpractice in the event of causing a birth defect through their actions or inaction. These cases usually are caused by medical negligence during labor or delivery. They can also include any 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 such case involves Teratogens. These medications can cause birth defects that are serious. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If women are exposed to the drug then she must submit an action.
It is essential to select an attorney who has experience in handling these types of cases. Look for a law firm that is specialized in this area, and works on an on a contingency basis, meaning there is no cost unless you win. Also, you should look for an attorney with excellent negotiation and Vimeo.Com communication abilities. This will help ensure that your claim is filed before the time limit expires.
Prescription Drugs
Many birth defects cause physical or mental disabilities that require expensive medical treatment and accommodations for the child. Most often, these disorders are genetic, however some of them can be caused by chemical or environmental exposure or medication that the mother consumed during pregnancy.
Pharmaceutical manufacturers are required to test their products thoroughly and warn the public of any potential risks. Sadly some pharmaceutical companies do not keep up with research or foresee potential side effects. Moreover, doctors may prescribe dangerous drugs to patients and some women do not get proper information about the risks associated with taking certain medications during pregnancy. These drugs, referred to as teratogens, can cause birth defects, such as spina-bifida, in the fetus.
Other substances that could cause birth defects are chemicals used in the agricultural and manufacturing industries, and heavy metals like mercury which pollute groundwater and air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women chemicals and other substances that damage their reproductive health and cause birth defects.
If you decide to file lawsuits against the people accountable for your child's condition it is essential to gather as much evidence as you can. Included in this are ultrasound images and blood tests as well as medical bills that are incurred due to. This information can help the attorney to determine the worth of the case.
Product Liability
Pregnancy can be one of the most exciting, but stressful experiences in the life of a woman. But it's also a period when many medical professionals make mistakes that could lead to birth defects. An experienced attorney can assist parents to file a claim against the medical professionals who are responsible for their child's disabilities and acquire the amount of compensation they deserve.
Medical experts are not always able of determining the root of birth defects, huenhue.net but most of them can be due to environmental or chemical exposure. This could include exposure of parents to toxic chemicals in the workplace such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used in spraying for crops and pesticides.
The pharmaceutical companies and those who prescribe medicines also have a duty to inform the public about their risks. Yet, a substantial portion of these medications are sold off-label to women who are pregnant age without warnings regarding the risk of lawrence birth defect lawsuit defects. This is particularly true for antidepressants such as Prozac and Zoloft.
Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. His practice is centered around cases where birth defects result from parental exposure to toxic chemical, such as those used in semiconductor manufacturing or agricultural. He graduated from the American University in Washington, D.C., and Suffolk University Law School.