Parents want perfect babies, but some injuries happen out of their control. Families can be left with huge debts when these injuries require expensive procedures and special attention.
A New York birth defect attorney can help parents grieving and file a claim to get compensation for future expenses. However, the law imposes strict deadlines for the time a claim has to be filed.
Statute of limitations
Modern medical technology and advancements in medical science have helped to reduce risks that are associated with childbirth, pregnancy and birth. However, birth defects and injuries still occur. Families should consider their legal options when they can be prevented.
Many birth defect lawsuits are founded on allegations of medical malpractice. These cases could involve mistakes committed by nurses or doctors at any time during the labor and Birth Defect Litigation birth procedures. Medical professionals may also be guilty of malpractice following the birth of a child in the event that they fail to provide appropriate treatment.
Generally, the statute of limitations in these cases is generally 2.5 years from the date of the incident of medical malpractice. This time frame can be extended for infants. It is essential to talk with a lawyer immediately to ensure that all the evidence is gathered and that a timely complaint can be filed.
A lawsuit may be filed on behalf of a baby for birth defect lawyers defects that are caused by toxic and chemical exposures during pregnancy. Lawyers specially trained in birth defect compensation defects can investigate these claims and prosecute them on behalf of the family.
When choosing an attorney to represent them in a birth injury or defect lawsuit parents should look for the following qualities:
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, birth defect litigation while others are caused by exposure to the environment or prescription drugs used during pregnancy.
A doctor or medical professional could be accused of misconduct when they cause birth defects through their actions or inaction. These cases are usually due to medical negligence during labor or delivery. They can also include any act of failure to do something that is below the standard of medical care, like, failing to diagnose an illness or prescribing incorrect medication during pregnancy.
One instance of case involves a medication called teratogens. It can cause serious birth defects. In the course of pregnancy, doctors generally advise women to avoid taking this medication, which is utilized to treat seizures. If a pregnant woman is exposed to this medication, she must make an insurance claim.
It is important to choose an attorney with experience handling these kinds of cases. Find a law firm that is specialized in this area and operates on the basis of a contingent fee, which means you don't have to pay any fees unless you get the case won. Look for an attorney with great negotiation and communication skills. This will help ensure that you submit your claim before the statute of limitation expires.
Prescription Drugs
Many birth defects can cause mental or physical disabilities that require costly medical treatment and accommodations for the child. Often, these conditions are genetically inherited, but some can be caused by environmental or chemical exposure, or medications that the mother was taking during pregnancy.
Drug makers are required to test their products properly and inform the public about any potential risks. Unfortunately certain pharmaceutical companies fail to keep up with research or anticipate the potential adverse effects. Some doctors recommend dangerous drugs to their patients. Some women are not aware of the risks of taking certain drugs while pregnant. These drugs, known as teratogens may cause birth defects, like spina-bifida, which is a birth defect in the fe.
Other substances that may cause birth defects include chemicals used in agriculture and manufacturing as well as heavy metals, like mercury, which are contaminating the groundwater or air. Diane Paolicelli's legal career is dedicated to fighting powerful corporations that expose women to harmful chemicals and substances that may affect their reproductive health or lead to birth defect lawyers defects.
It is important to collect as many evidences as you can before filing a suit against the parties responsible. Included in this are ultrasound images or blood tests, as well as medical bills that are incurred due to. This assists the attorney in determining the monetary value of the case.
Product Liability
Pregnancy is among the most exciting, but anxious experiences of women's lives. It's also a time when medical professionals can make mistakes that result in birth defects. A top lawyer can help parents to file a claim against the medical professionals responsible for their child's disability and get the compensation they deserve.
Medical experts aren't always able of determining the exact cause of birth defect litigation defects, but the majority of them can be attributable to environmental or chemical exposure. This can include exposure by parents to toxic chemicals at work such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used in spraying crops and pesticides.
Manufacturers and those who prescribe medications are also required to warn the public about the dangers of their products. Yet, a substantial portion of these drugs are marketed off-label to women who are pregnant age, without warnings about the potential for birth defects. This is particularly relevant for antidepressants like Prozac and Zoloft.
Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. He focuses his practice on cases where birth defects result from exposure to toxic chemicals by parents like those used in semiconductor manufacturing or agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.
