Why We Do We Love Birth Defect Legal And You Should Too
birth defect law firm Defect Litigation
Some injuries are beyond the parents in their control. When injuries require specialized treatment 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 action and receive compensation to cover future costs. However, the law imposes strict deadlines for when a claim needs to be filed.
Statute of limitations
Modern technology and medical advances have helped reduce the risks associated with pregnancy and childbirth. However, birth defects and injuries can still occur. If they're preventable, families must explore their legal options.
Many birth defect lawsuits are based upon allegations of medical malpractice. These cases can involve mistakes made by nurses or doctors staff at any point during labor, pregnancy and birth. Medical professionals can also commit malpractice after the birth of a child when they fail to provide the proper treatment.
In general, the statutes of limitations in these cases are 2.5 years after the date of the medical negligence. For infants, this time is sometimes extended. However, it is important to seek legal counsel immediately to ensure that all evidence has been collected and that a timely claim be filed.
A lawsuit may be filed on behalf of a child for birth defects caused by chemical and toxic exposures during the pregnancy. Specially trained birth defect lawyers can investigate and bring these cases on behalf of the family.
Parents should think about the following aspects when choosing an attorney to represent their interests in a lawsuit filed for birth defects or birth injuries:
Medical Malpractice
Birth defects can lead to various mental and physical problems. Some of them may even be fatal. Some of these issues could be caused by genetics while others are caused by environmental exposures or prescription drugs used during pregnancy.
A doctor or medical professional could be convicted of malpractice when they cause birth defects due to their actions or inaction. These cases typically involve medical negligence during labor or delivery. They can also be a result of any perform a task that is not within the standard of medical care, like not diagnosing an illness or prescribing the wrong medication during pregnancy.
One example involves Teratogens. These drugs can result in birth defects that are serious. Doctors generally 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 should submit an action.
It is essential to select an attorney with experience handling these kinds of cases. It is best to choose a firm with extensive experience in this field. It also is based on contingency, meaning that you don't have to pay anything until you are successful. Find an attorney who has excellent communication and negotiation skills. This will ensure that you make your claim in time before the statute of limitations expires.
Prescription Drugs
Many birth defects can cause physical or mental disabilities that require expensive medical treatment and accommodations for the child. The majority of these problems are genetic, however some of them can be caused by environmental or chemical exposure or medication that the mother took while pregnant.
Pharmaceutical companies are required to test their products thoroughly and inform the public of any risks that could be present. Unfortunately certain pharmaceutical companies do not keep up to date with the latest research or fail to anticipate potential side effects. Additionally, doctors can prescribe dangerous drugs to their patients as well as some women do not get proper information about the dangers of taking certain medications during pregnancy. These drugs are referred to as teratogens and can cause birth defects within the fetus including spina bifida.
Other substances that could cause birth defects are chemicals used in the manufacturing and agricultural industries, and heavy metals like mercury, which affect groundwater or the air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations which expose women to harmful chemicals and substances that could harm their reproductive health and lead to birth defects.
If you decide to file a lawsuit against the parties who are responsible for your child's illness it is essential to gather as much evidence as you can. This includes blood tests, ultrasound images, and medical bills incurred because of the birth defect. This information helps the attorney assess the value of the case.
Product Liability
Pregnancy is among the most thrilling and stressful times in a woman's life. It's also the time that many medical professionals can make mistakes that lead to birth defects. A top attorney can assist parents in filing an action and obtaining the amount they deserve from those who are responsible for the impairment of their child.
Medical professionals aren't always able to pinpoint the causes of birth defects, but most of them can be caused by environmental or chemical exposure. This could be due to contact by parents with toxic chemicals in the workplace, for example solvents and glycol ethers used in semiconductor manufacturing, and agricultural chemicals used for pesticides and spraying crops.
The manufacturers and the people who prescribe medications are also required to warn the public about their risks. However, a lot of these medications are sold off-label to women of childbearing age without warnings regarding the potential for birth defects. This is especially applicable to antidepressants, such as Prozac and Zoloft.
Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defects lawsuits against chemical and pharmaceutical companies. He concentrates his practice on cases where birth defects are caused by exposure of parents to toxic chemicals such as those used in the manufacture of semiconductors or in agriculture. He is a graduate of the American University in Washington, D.C. as well as Suffolk University Law School.