Birth Defect Litigation
Parents want their children to be perfect However, some injuries occur outside of their control. Families can be left with a huge bill when injuries require expensive procedures and special attention.
A New York
birth defect attorney can assist parents who are grieving and file an appeal to be compensated for future expenses. The law has strict deadlines for when claims can be filed.
Statute of limitations
Modern technology and medical advances have helped reduce the risks associated with childbirth and pregnancy. However, birth defects and injuries still occur. If they're preventable families should consider their legal options.
Many
birth defect lawsuits are based upon allegations of medical malpractice. These cases can involve mistakes committed by nurses or doctors staff at any point during labor, birth and pregnancy. Medical professionals may also be guilty of malpractice following the birth of a child when they fail to provide the proper treatment.
In general the statute of limitations in these cases are 2.5 years from the date of the medical error. The time limit may be extended for infants. However, it is important to seek legal advice immediately to ensure that all evidence is gathered and that a timely claim can be filed.
A lawsuit may be filed on behalf of a child for birth defects that are caused by toxic and chemical exposures during pregnancy. Lawyers specially trained in birth defects are able to investigate the claims and then prosecute them on behalf of the family.
Parents should consider the following aspects when choosing an attorney to represent them in a lawsuit involving birth defects or birth injuries:
Medical Malpractice
birth defect law firm defects can lead to various mental and physical issues. Some of them may even be fatal. Some of these problems may be genetic while others are triggered through exposure to the environment or prescription drugs used during pregnancy.
A medical professional or doctor could be accused of malpractice when they cause birth defects by their actions or inaction. These cases usually involve medical negligence during labor or delivery. They also encompass any act of failure to act which falls below a standard of medical care, such as the failure to diagnose an illness or prescribing the wrong medication during pregnancy.
One such type of case is a medication known as teratogens, which could cause serious birth defects. During pregnancy, doctors typically advise women to stay clear of this medication, which is commonly used to treat seizures. If a woman who is pregnant is exposed to this drug, she should file an insurance claim.
It is vital to choose an attorney with experience in these types of cases. Find a law firm that is specialized in this area and works on an on a contingency basis, meaning there is no cost unless you win. Choose an attorney with great negotiation and communication skills. This will help ensure that your claim is filed before the statute of limitations expires.
Prescription Drugs
A lot of birth defects can cause physical or mental disabilities, which require costly medical care and accommodations for the child. Most often, these disorders are inherited, but a few of them may be caused by chemical or environmental exposure, or medications that the mother took during pregnancy.
Drug manufacturers are required to test their products thoroughly and inform the public about any risks that could be present. Unfortunately certain pharmaceutical companies do not keep up to date with the latest research or fail to anticipate possible adverse effects. Some doctors recommend dangerous drugs to their patients, and some women aren't aware of the risks of taking certain drugs while pregnant. These drugs are known as teratogens. They may cause birth defects in the fetus, such as spina Bifida.
Other substances that could cause birth defects are the chemicals used in the manufacturing and agricultural industries, and heavy metals like mercury, which can contaminate groundwater or air. Diane Paolicelli's career in law has been focused on fighting powerful corporations that expose women to toxic substances and chemicals that can cause harm to their reproductive health and cause birth defects.
It is important to collect as much evidence as you can before filing a suit against the party responsible. This includes ultrasound scans, blood tests and medical bills that arise because of the birth defect. This information assists the attorney assess the worth of the case.
Product Liability
Pregnancy is among the most exciting, yet anxiety-inducing experiences in a woman's lifetime. It's also the time that medical professionals are prone to making mistakes that result in birth defects. A reputable attorney can assist parents in submitting claims and getting the money they deserve from those responsible for the disability of their child.
Medical experts are not always able of determining the root of birth defects, however a large number can be attributed to chemical or environmental exposure. This could be due to contact by parents with toxic chemicals in the workplace, such as glycolethers and solvents utilized in semiconductor manufacturing as well as chemical pesticides used in agriculture and spraying of crops.
In addition, manufacturers and those who prescribe prescription medicines must inform people of their risks. However, a significant portion of these drugs are sold off-label to women who are pregnant age without proper warnings about the risk of birth defects. This is especially relevant for antidepressants like Prozac and Zoloft.
Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defects lawsuits against chemical and pharmaceutical companies. His practice is centered around cases where birth defects result from parental exposure to toxic chemical like those used in semiconductor manufacturing or agriculture. He graduated from the American University in Washington, D.C., and Suffolk University Law School.
