Birth Defect Litigation
Parents want their children to be perfect however, there are some injuries that occur outside their control. When injuries require specialized medical attention and expensive procedures, it can result in huge costs for families.
A New York birth defect lawyer can assist parents who are shocked to file claims and receive compensation to pay for future expenses. However, the law imposes strict deadlines for the time a claim has to be filed.
Statute of limitations
Modern technology and medical advances have reduced the risks related to pregnancy, childbirth and birth. Birth defects and injuries do remain a possibility. Families need to consider their legal options if they can be prevented.
Many
birth defect suits are stemming from claims of medical malpractice. These cases may involve errors made by doctors or nursing staff at any time during labor, pregnancy and birth. Medical professionals can also be negligent following the birth of a baby when they fail to provide the proper treatment.
In general the statute of limitations in these cases is 2.5 years after the date of the medical malpractice. For infants, this time is sometimes extended. It is essential to talk with an attorney early enough to ensure that all the evidence is collected, and that a timely complaint be filed.
A lawsuit may be filed on behalf of a baby for birth defects caused by toxic and chemical exposures during the pregnancy. Lawyers specially trained in birth defects are able to investigate these claims and pursue them on behalf of the family.
Parents should think about the following aspects when choosing an attorney to represent them in a lawsuit for birth injury or defect:
Medical Malpractice
Birth defects can trigger many mental or physical issues. Some of them can be fatal. Some of these issues could be genetic while others are caused by exposure to environmental factors or prescription drugs used during pregnancy.
A doctor or medical professional may be accused of malpractice when they cause birth defects through their actions or inaction. The most common cases involve medical negligence during labor or delivery. However, they may also include any act or inability to act in excess of a medical standard of care, such as failing to diagnose a condition or prescribing the wrong medicine during pregnancy.
One example of this type of situation is a drug known as teratogens, which could cause birth defects that are serious. During pregnancy, doctors typically advise women to not take this medication, which is commonly used in the treatment of seizures. If a woman who is pregnant is exposed to this drug, she should submit a claim.
It is crucial to choose an attorney who has prior experience in these types of cases. Choose a law firm that is specialized in this area and operates on a contingency basis, so you don't have to pay any fees unless you get the case won. Also, search for a lawyer who has excellent communication and negotiation abilities. This can help ensure that your claim is filed before the time for filing expires.
Prescription Drugs
Many birth defects lead to mental or physical disabilities that require costly medical treatment and accommodations for the child. These conditions are often caused by genetics, but can also be caused by chemical or environmental exposure, or by medications taken by the mother during pregnancy.
Pharmaceutical manufacturers are required to thoroughly test their products and warn consumers of any potential risks. Unfortunately many pharmaceutical companies do not keep up with the latest research or foresee potential side consequences. Furthermore, doctors may prescribe dangerous medicines to their patients and some women do not get proper information about the dangers of taking certain medications during pregnancy. These drugs are known as teratogens, and they can cause birth defects within the fetus including spina bifida.
Other substances that can cause birth defects are chemicals used in manufacturing and agriculture as well as heavy metals like mercury, which are contaminating the groundwater and air. Diane Paolicelli's legal profession has been focused on fighting powerful corporations that expose women to toxic chemicals and substances that can damage their reproductive health or lead to birth defects.
When bringing a lawsuit against the parties responsible for your child's condition, it is important to gather as much evidence as possible. Included in this are any ultrasound images or blood tests, as well as medical bills that are incurred due to. This information will help the attorney determine the value of the case.
Product Liability
Pregnancy can be one of the most exciting, yet stressful experiences in the life of a woman. It's also the time that medical professionals are prone to making mistakes that cause birth defects. A top attorney can assist parents in submitting a claim and
birth Defect Law firms obtaining the compensation they deserve against those responsible for the handicap of their child.
While the causes of birth defects are typically unknown to medical experts but a large proportion of
Birth Defect Law Firms defects can be linked to exposure to chemicals or environmental causes. This may include contact by parents with toxic chemicals in the workplace, for example solvents and glycol ethers used in semiconductor manufacturing, as well as agricultural chemicals used for pesticides and crop spraying.
Additionally, the manufacturers and the people who prescribe prescription medications have a responsibility to warn people about the risks. However, a lot of these drugs are marketed off-label to women who are pregnant age without proper warnings about the risk of birth defects. This is particularly true for antidepressants such as Prozac and Zoloft.
Christian Uehlein,
Birth defect law firms a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. He concentrates his practice on cases involving the occurrence of birth defects due to parental exposure to toxic chemicals such as the ones used in semiconductor manufacturing and agriculture. He is a graduate from the American University in Washington, D.C. as well as Suffolk University Law School.