History Of Birth Defect Legal: The History Of Birth Defect Legal
Birth Defect Litigation
Some injuries are out of the parents' control. When injuries require specialized treatment and costly procedures, it can cause families to be faced with massive costs.
A New York birth defect attorney can assist parents who are shocked to file claims to obtain compensation for future expenses. However, the law puts strict time limitations on when a claim must be filed.
Statute of limitations
Modern medical technology and advancements in medical science have made it possible to reduce the risks associated with pregnancy, childbirth and birth. Birth defects and injuries do continue to occur. Families should consider their legal options if they are preventable.
Many birth defect lawsuits are based on allegations of medical malpractice. These cases may involve mistakes made by doctors or nurses at any point during the labor and delivery processes. Medical professionals may also be guilty of malpractice following the birth defect law firm of a baby if they fail provide proper treatment.
In general, the statutes of limitations for these cases is 2.5 years from the date of the medical error. The time limit is extended for infants. It is essential to talk with an attorney whenever you can to ensure that all the evidence is gathered, and that a timely complaint can be filed.
A lawsuit may 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 think about the following characteristics 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 mental and physical issues. Some of them can be fatal. Some of these problems are inherited, whereas others are due to exposure to environmental factors or the usage of prescription drugs during pregnancy.
A doctor or medical professional could be accused of malpractice when they cause birth defects by their actions or inaction. Most cases involve medical negligence during labor or delivery. They can also include any other be in compliance with a standard of medical care, like not diagnosing an illness or prescribing the wrong medication during pregnancy.
One instance of case involves a medication called teratogens. It can cause birth defects that are serious. When pregnant, doctors usually advise women to stay clear of this medication, which is used in the treatment of seizures. If a pregnant woman is exposed to this drug, she should make an insurance claim.
It is essential to choose an attorney who has previous experience in these cases. You should seek out a firm that has expertise in this area and operates on contingency basis, which means you won't have to pay nothing until you win. Also, look for a lawyer with strong negotiation and communication abilities. This can help ensure that your claim is filed before the time limit expires.
Prescription Drugs
A variety of birth defects cause mental or physical disabilities that require costly medical treatment and accommodations for the child. These problems are usually genetic, but can also be caused by environmental or chemical exposure, or by medications taken by the mother during pregnancy.
Pharmaceutical manufacturers are required to ensure that their products are tested properly and warn consumers of any potential risks. Unfortunately some pharmaceutical companies don't keep up-to-date with current research or fail to anticipate possible side consequences. Some doctors prescribe dangerous drugs to their patients. Some women are not informed about the risks of using certain drugs during pregnancy. These drugs, known as teratogens, can cause birth defects, such as spina-bifida, in the fetus.
Other substances that could cause birth Defect lawsuit defects are chemicals used in the agricultural and manufacturing industries, birth Defect lawsuit and heavy metals like mercury which affect groundwater or the air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women chemicals and other substances that harm their reproductive health and lead to birth defects.
It is essential to gather as all evidence you can prior to filing a lawsuit against the parties responsible. Included in this are any ultrasound images and blood tests as well as medical bills incurred as a result. This information assists the attorney assess the worth of the case.
Product Liability
Pregnancy can be one of the most exciting and nerve-wracking experiences in a woman's lifetime. It's also a time where medical professionals often make mistakes that can lead to birth defects. A top attorney can help parents file a claim against those responsible for their child's condition and acquire the amount of compensation they deserve.
Medical experts are not always able to pinpoint the exact cause of birth defects, however the majority of them can be attributable to environmental or chemical exposure. This could include contact from parents with toxic chemicals in the workplace, such as solvents and glycol ethers used in semiconductor manufacturing as well as agricultural chemicals used for pesticides as well as crop spraying.
Additionally, the manufacturers and those who prescribe prescription medicines have a responsibility to warn patients of the risks. A large portion of these medications are sold to women who are expecting without warnings of the possibility of birth defects. This is particularly relevant for antidepressants like Prozac and Zoloft.
Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defects lawsuits against chemical and pharmaceutical companies. He concentrates his practice on cases where birth defects result from exposure of parents to toxic chemicals such as those employed in semiconductor manufacturing or farming. He graduated from American University in Washington, D.C. and Suffolk University Law School.