The Birth Defect Legal Success Story You ll Never Believe
Birth Defect Litigation
Parents want their children to be perfect however, there are some injuries that occur outside of their control. Families may be left with a huge bill when injuries require expensive procedures and specialized care.
A New York birth defect lawyer can assist parents in filing an action and receive compensation to cover future expenses. The law has strict time limitations on when claims can be filed.
Statute of limitations
Modern technology and medical advances have aided in reducing the risks associated with pregnancy, childbirth and birth. However birth defects and injuries still occur. Families must consider their legal options when they are preventable.
Many birth defect lawsuits are made on the basis of accusations of medical malpractice. These cases may involve errors made by doctors or nursing staff at any stage of labor, birth and pregnancy. Medical professionals may also be guilty of malpractice following the birth of a child in the event that they fail to provide appropriate treatment.
In general the statute of limitations in these cases is 2.5 years after the date of the medical error. The time limit is extended for infants. It is crucial to consult an attorney immediately 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 for birth defects that are caused by toxic and chemical exposures during pregnancy. Specially trained birth defect lawyers can investigate and bring these cases on behalf of the family.
When selecting an attorney for a birth injury or defect lawsuit parents should be looking for the following qualities:
Medical Malpractice
Birth defects can lead to various physical and mental problems. Some of them can be fatal. Certain of these problems could be genetic while others are triggered through exposure to the environment or prescription medications taken during pregnancy.
A medical professional or doctor may be accused of negligence in the event of causing birth defects by their actions or inaction. These cases typically are due to medical negligence during labor or delivery. However, they can also include any act or failure to act that is in violation of a medical standard of care, such as failing to recognize a medical issue or prescribing the wrong medicine during pregnancy.
One of these cases involves Teratogens. These medications can cause serious birth defects. During pregnancy, doctors typically advise women to not take this medication, which is utilized to treat seizures. If a pregnant woman is exposed to this medication, she must file a claim.
It is important to select an attorney who has experience in handling these types of cases. Find a law firm that specializes in this area and works on the basis of a contingent fee, which means there is no cost unless you succeed. Find an attorney who has great negotiation and communication skills. This will ensure that you make your claim in time before the time for filing expires.
Prescription Drugs
Many birth defects cause mental or physical disabilities that require expensive medical treatment and accommodations for the child. Often, these conditions are genetic, but some of them may be caused by environmental or chemical exposure, or medications that the mother took during pregnancy.
Pharmaceutical companies are required to test their products properly and inform the public of any potential risks. Sadly certain pharmaceutical companies fail to keep up with the latest research or anticipate possible side effects. Certain doctors prescribe dangerous drugs to their patients. Some women are not informed about the risks associated with taking certain medications during pregnancy. These drugs, also known as teratogens may cause birth defects, such as spina-bifida in the fetus.
Other substances that can cause birth defects are the chemicals used in the manufacturing and agricultural industries, as well as heavy metals like mercury that affect groundwater or the air. Diane Paolicelli's legal profession has been focused on fighting powerful corporations that expose women to harmful chemicals and substances that may harm their reproductive health or lead to birth defects.
If you are filing lawsuits against the parties that are accountable for your child's health it is crucial to gather the most evidence you can. This includes blood tests, ultrasound images and medical bills that arise due to the birth defect. This information can help the attorney determine the worth of the case.
Product Liability
Pregnancy is among the most exciting and nerve-wracking events in a woman's lifetime. It's also a time when many medical professionals make mistakes that can lead to birth defect law firm defects. A top lawyer can assist parents in submitting claims and getting the amount they deserve from those responsible for the disability of their child.
Medical experts are not always able of determining the exact cause of birth defects, however the majority of them can be caused by environmental or chemical exposure. This could include contact from parents with toxic chemicals at the workplace, Birth Defect Lawyer such as glycol ethers and solvents used in semiconductor manufacturing, as well as agricultural chemicals for pesticides and spraying crops.
In addition, manufacturers and the people who prescribe prescription medications are required to inform people of their risks. Yet, a large percentage of these drugs are marketed off-label to women of childbearing age, without warnings about the possibility of birth defects. This is especially relevant for antidepressants like Prozac and Zoloft.
Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defects lawsuits against pharmaceutical and chemical companies. His practice is centered around cases where birth defect law firm defects result from exposure of parents to toxic chemicals like those used in semiconductor manufacturing or agricultural. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.