birth defect lawsuit Defect Litigation
Parents want their children to be perfect However, some accidents happen outside their control. When these injuries require special medical attention and expensive procedures, it could leave families with huge expenses.
A New York birth defect lawyer can assist parents who are shocked to file an appeal and obtain compensation to cover future expenses. The law has strict deadlines on when claims can be filed.
Statute of Limitations
Modern medical technology and advances have aided in reducing the risks associated with childbirth, pregnancy and birth. Birth defects and injuries do remain a possibility. If they can be prevented, families should consider their legal options.
Many birth defect suits are made on the basis of claims of medical malpractice. These cases can involve mistakes made by nurses or doctors personnel at any stage of labor, pregnancy and birth. In addition medical professionals can be guilty of medical malpractice after the birth of a baby in the event that they fail to provide proper care.
In general, the statutes of limitation for these cases is 2.5 years after the date of the medical negligence. For infants, this time is sometimes extended. It is essential to speak with an attorney as soon as you can to ensure that all the evidence is gathered and that a timely complaint can be filed.
In addition to medical malpractice, a lawsuit could also be filed on behalf of an infant for birth defects resulting from improper toxic and chemical exposures that occur during the mother's pregnancy. Specially trained
birth defect lawyers can investigate and pursue these claims on behalf of the family.
Parents should take into consideration the following aspects when choosing an attorney to represent them in a lawsuit for birth injury or defect:
Medical Malpractice
Birth defects can lead to various mental and physical problems. Some birth defects may cause death. Some of these problems are inherited, whereas others are due to environmental exposures or the use of prescribed drugs during pregnancy.
A doctor or medical professional could be accused of misconduct in the event of causing birth defects due to their actions or inaction. The majority of these cases are based on medical negligence in delivery or labor. However, they may also include any act or inability to act that is in violation of a medical standard of care, like failing to recognize a medical issue or prescribing the wrong medication during pregnancy.
One example of this type of situation is a drug called teratogens. It can cause serious birth defects. Doctors typically advise women not to take this medication during pregnancy. It is used to treat seizures. If a woman is exposed to the drug she must submit an action.
It is essential to select an attorney with previous experience in these cases. Find a firm that is specialized in this area and operates on the basis of a contingent fee, which means there is no cost unless you are successful. Look for an attorney who has excellent communication and negotiation skills. This will ensure that you submit your claim before the statute of limitations expires.
Prescription Drugs
Many birth defects cause mental or physical disabilities which require expensive medical care and accommodations for the child. These problems are usually genetic, but can also be caused by chemical or environmental exposure, or by medications taken by the mother during pregnancy.
Pharmaceutical companies are required to test their products correctly and inform the public about any potential dangers. Unfortunately some pharmaceutical companies fail to keep up with the latest research or anticipate potential side effects. Certain doctors prescribe dangerous medications to their patients. Some women are not informed about the dangers associated with taking certain medications while pregnant. These are known as teratogens. They may cause birth defects in the fetus, including spina Bifida.
Other substances that can cause birth defects are chemicals employed in the production and agricultural industries, as well as heavy metals such as mercury that are contaminating groundwater and air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women to toxic chemicals and substances that can affect their reproductive health and lead to birth defects.
It is important to collect as the evidence you can prior to making a claim against the responsible parties. Included in this are any ultrasound images, blood tests, and medical bills incurred due to. This information will help the attorney to determine the worth of the case.
Product Liability
Pregnancy is one of the most thrilling and stressful moments in a woman's life. It's also a time where many medical professionals make mistakes that can cause birth defects. An experienced attorney can help parents bring a lawsuit against those responsible for their child's disability and receive the amount of compensation they deserve.
Medical experts aren't always able of determining the root of birth defects, however many of them can be due to environmental or chemical exposure. This can include parental contact with toxic chemicals at the workplace, like glycol ethers and solvents that are used in semiconductor manufacturing and agricultural chemicals used for pesticides as well as spraying of crops.
Manufacturers and those who prescribe medication also have a duty to inform the public about the dangers of their products. A large number of these drugs are marketed to women who are pregnant, without warnings of the potential for birth defect. This is particularly applicable to antidepressants such 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 development of birth defects caused by exposure of parents to toxic chemicals, which includes those in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.