Birth Defect Litigation
Certain injuries are beyond the parents in their control. Families can be left with a large bill when injuries require expensive procedures and special treatment.
A New York birth defect lawyer can assist parents who are stunned to file claims and receive compensation to cover the cost of future expenses. The law has strict time limits on when a claim can be filed.
Statute of limitations
Modern technology and medical advances have made it possible to reduce the risks related to pregnancy, childbirth and birth. However, birth defects and injuries continue to occur. Families need to explore their legal options when they are preventable.
Many birth defect lawsuits stem from allegations of medical malpractice. These cases could involve mistakes committed by nurses or doctors at any point during the pregnancy, labor and delivery procedures. In addition medical professionals could be guilty of medical malpractice following a child's birth by failing to provide the proper treatment.
In general, the statutes of limitations in these cases is 2.5 years from the date of the medical malpractice. The time limit can be extended to infants. But, it is crucial to seek legal advice as soon as possible to ensure that all evidence has been collected and that a timely claim be filed.
In addition to medical malpractice, a suit can also be filed on behalf of a baby for birth defects caused by wrongful toxic and chemical exposures that occur during the mother's pregnancy. Lawyers specially trained in birth defects are able to investigate these claims and prosecute them on behalf of the family.
Parents should be aware of the following aspects when choosing an attorney to represent them in a suit for birth injury or defect:
Medical Malpractice
Birth defects can lead to a variety of mental and physical issues. Some of them may even be fatal. Certain of these problems could be genetic while others are triggered by exposure to environmental factors or prescription drugs taken during pregnancy.
A doctor or medical professional may be accused of negligence in the event of causing birth defects through their actions or inaction. These cases usually are based on medical negligence in delivery or labor. They may also involve any act of failure to be in compliance with a standard of medical care, for example the failure to diagnose an illness or prescribing the wrong medication during pregnancy.
One example involves teratogens. These medications can cause serious birth defects. During pregnancy, doctors typically advise women to not take this medication, which is used in the treatment of seizures. If women are exposed to the drug, it is recommended that she file a claim.
It is essential to select an attorney who has experience in handling these kinds of cases. You should seek out an attorney who has extensive experience in this field. It also operates on contingency basis, which means you won't have to pay nothing until you win. Also, search for a lawyer who has excellent communication and negotiation skills. This will help ensure that your claim is filed before the statute of limitations expires.
Prescription Drugs
Many birth defects result in mental or Birth Defect Lawsuits physical disabilities, that require expensive medical treatment and accommodations for the child. These disorders are usually caused by genetics, but can also be caused by chemical or environmental exposure or the use of medications by the mother during pregnancy.
Pharmaceutical manufacturers are required to ensure that their products are tested properly and warn the public of any risks that could be present. Unfortunately some pharmaceutical companies do not keep up to date with the latest research or fail to anticipate possible adverse consequences. Moreover, doctors may prescribe dangerous drugs to patients as well as some women do not have adequate information about the risks associated with taking certain medications during pregnancy. These medications, also known as teratogens, can cause birth defects such as spina-bifida that can occur in the fetus.
Other substances that could cause birth defects are the chemicals used in the agricultural and manufacturing industries, and heavy metals like mercury, which pollute groundwater and air. Diane Paolicelli's legal profession has been dedicated to fighting powerful corporations that expose women to toxic chemicals and substances that may harm their reproductive health or cause birth defects.
If you are filing a lawsuit against the parties accountable for your child's condition it is essential to gather as much evidence as possible. Included in this are ultrasound images or blood tests, as well as medical bills incurred due to. This information assists the attorney determine the value of the case.
Product Liability
Pregnancy is one of the most exciting and nerve-wracking events in a woman's lifetime. But it's also a period when medical professionals can make mistakes that can lead to birth defects. A top attorney can help parents bring a lawsuit against those accountable for their child's handicap and get the amount of compensation they deserve.
While the causes of birth defects are generally unknown to medical professionals however, a significant proportion can be attributed to exposure to chemicals or environmental factors. This can include parental exposure to toxic chemicals at work such as solvents and glycol ethers in semiconductor manufacturing, as well as agricultural chemicals used in spraying for crops and pesticides.
Furthermore, manufacturers and those who prescribe prescription medicines are required to inform consumers of the dangers. However, a significant portion of these drugs are sold off-label for women of childbearing age, without warnings about the risk of birth defect law firms defects. This is particularly true for antidepressants like Prozac and Zoloft.
Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. He focuses his practice on cases involving the occurrence of birth defects due to exposure of parents to toxic chemicals such as those used in semiconductor manufacturing as well as agriculture. He is a graduate from the American University in Washington, D.C. and Suffolk University Law School.