Birth Defect Litigation
Parents want perfect babies However, some accidents happen outside of their control. When injuries require specialized treatment and expensive procedures, it could result in huge costs for families.
A New York
birth defect attorney can assist parents grieving and file an appeal to be compensated for future expenses. The law has strict deadlines on when a claim may be filed.
Statute of limitations
Modern technology and medical advances have aided in reducing the risks that are associated with childbirth, pregnancy and
birth defect lawyers. However birth defects and injuries still occur. Families must consider their legal options if they can be prevented.
Many birth defect suits are stemming from claims of medical malpractice. These cases can involve mistakes made by doctors or nursing staff at any point during labor, pregnancy and birth. Medical professionals may also commit malpractice after the birth of a baby in the event that they fail to provide appropriate treatment.
In general, the statutes of limitations in these cases are 2.5 years after the date of the medical mistake. This time period can be extended for infants. However, it is important to seek legal counsel as soon as you can to ensure that all evidence is obtained and that a timely claim be filed.
In addition to medical malpractice, a suit may also be filed on behalf of an infant for birth defects resulting from improper toxic and chemical exposures that take place during the mother's pregnancy. Lawyers specially trained in birth defects can investigate and bring these cases on behalf of the family.
Parents should think about the following factors when choosing an attorney to represent them in a lawsuit for birth defect or injury:
Medical Malpractice
Birth defects can result in many mental or physical ailments. Some may even be fatal. Some of these issues may be caused by genetics while others are triggered by exposure to the environment or prescription medications used during pregnancy.
A doctor or medical professional may be accused of negligence if they cause birth defects through their actions or inaction. The majority of these cases are based on medical negligence in delivery or labor. However, they may also be a result of any action or failure to act that is not in the range of a medical standard of care, for instance, failing to diagnose a problem or prescribing the wrong medication during pregnancy.
One example involves Teratogens. These medications can lead to serious birth defects. Doctors typically advise women not to take this medication during pregnancy. It is used to treat seizures. If an individual is exposed to the drug then she must make a claim.
It is crucial to select an attorney who is experienced in handling these types of cases. It is best to choose an attorney who has years of experience in this field and is based on contingency, meaning that you won't have to pay nothing until you win. Choose an attorney with excellent communication and negotiation skills. This will ensure that your claim is filed before the time limit expires.
Prescription Drugs
Many birth defects cause mental or physical disabilities which require expensive medical care and accommodations for the child. Often, these conditions are genetic, however some can be caused by chemical or environmental exposure, or medications that the mother was taking during pregnancy.
Drug makers are required to test their products correctly and inform the public of any potential risks. Sadly, some pharmaceutical companies do not keep up with the latest research or anticipate potential side consequences. Additionally, doctors can prescribe dangerous drugs to their patients as well as some women do not receive adequate information on the dangers of taking certain drugs during pregnancy. These drugs, referred to as teratogens can cause birth defects, like spina-bifida in the fetus.
Other substances that could cause birth defects are the chemicals used in the agricultural and manufacturing industries, as well as heavy metals like mercury which affect groundwater or the air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women chemicals and substances that damage their reproductive health and lead to birth defects.
It is crucial to collect as much evidence as you can prior to filing a suit against the parties accountable. This includes any ultrasound images, blood tests and medical bills that came up as a result of the birth defect. This information helps the attorney determine the worth of the case.
Product Liability
Pregnancy is among the most thrilling and stressful moments in a woman's life. It's also the time that medical professionals make mistakes that result in birth defects. A top lawyer can assist parents in filing an appeal and gaining the amount they deserve from the people responsible for the disabilities of their child.
While the causes of birth defects are generally unknown to medical professionals however, many of them can be attributed to environmental or chemical exposure. This could include contact from parents with toxic chemicals in the workplace, for example glycolethers and solvents utilized in semiconductor manufacturing and agricultural chemicals used for pesticides and spraying on crops.
In addition, the manufacturer and those who prescribe prescription drugs must inform patients of the risks. However, a significant portion of these drugs are offered off-label to women of childbearing age without proper warnings about the possibility of birth defects. This is particularly applicable to 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 involving the occurrence of birth defects that result from exposure of parents to toxic chemicals, including those in semiconductor manufacturing and agriculture. He is a graduate from the American University in Washington, D.C. as well as Suffolk University Law School.