Birth Defect Litigation
Some injuries are out of the parents' control. If these injuries require special care and costly procedures, it can cause families to be faced with massive costs.
A New York birth defect lawyer can help stunned parents file an action and receive compensation to cover the cost of future expenses. However, the law puts strict time limitations on when a claim should be filed.
Statute of Limitations
Modern technology and medical advances have helped reduce the risks that come with childbirth and pregnancy. However,
x3.wiki birth defects and injuries can still occur. Families need to explore their legal options when they can be prevented.
Many birth defect lawsuits are based on allegations of medical malpractice. These cases could involve mistakes made by nurses or doctors at any time during birth, labor and delivery procedures. In addition medical professionals could be guilty of medical malpractice after the birth of a child if they fail to provide proper treatment.
In general, the statutes of limitation for these cases is 2.5 years from the date of the medical negligence. For infants this is sometimes extended. It is essential to talk with an attorney early enough to ensure that all evidence is gathered and that a timely complaint can be filed.
In addition to medical malpractice, a lawsuit can also be brought on behalf of a baby for birth defects that result from wrongful toxic and chemical exposures that occur during a mother's pregnancy. Specially trained birth defects lawyers can look into these claims and bring them to trial on behalf of the family.
Parents should be aware of the following factors when choosing an attorney to represent their interests in a lawsuit filed for birth defect or injury:
Medical Malpractice
Birth defects can cause a variety of physical and mental problems. Some of them can be fatal. Some of these issues are caused by genetics, while others are due to exposure to environmental factors or the usage of prescribed drugs during pregnancy.
A medical professional or doctor could be accused of misconduct if they cause birth defects due to their actions or inaction. The most common cases involve medical negligence during labor or delivery. However, they can comprise any act or failure to act in excess of the medical standard of care, such as failing to recognize a medical issue or prescribing the wrong medication during pregnancy.
One example of case involves a medication known as teratogens, which could cause birth defects that are serious. In the course of pregnancy, doctors generally recommend women not to take this medication, which is utilized to treat seizures. If a pregnant woman is exposed to this medication, she must submit a claim.
It is essential to select an attorney who has previous experience in these cases. Find a firm that specializes in this area and operates on an hourly basis, which means you won't have to pay a dime unless you succeed. Look for an attorney with outstanding negotiation and communication skills. This will ensure that your claim is filed before the statute of limitations expires.
Prescription Drugs
Many birth defects cause physical or
Vimeo.Com mental disabilities, which require expensive medical care and accommodations for the child. The majority of these problems are inherited, but a few of them may be caused by chemical or environmental exposure, or by medications the mother took while pregnant.
Pharmaceutical companies are required to ensure that their products are tested properly and warn the public of any potential dangers. Sadly many pharmaceutical companies fail to keep up with the latest research or foresee potential side consequences. Certain doctors prescribe dangerous drugs to their patients, and some women are not aware of the dangers associated with using certain drugs during pregnancy. These drugs, also known as teratogens may cause birth defects, such as spina-bifida in the fetus.
Other substances that may cause birth defects are chemicals employed in the production and agricultural industries as well as heavy metals such as mercury, which are contaminating the 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 cause harm to their reproductive health and cause birth defects.
It is essential to gather as many evidences as you can prior to filing a lawsuit against the parties responsible. Included in this are ultrasound images and blood tests as well as medical bills incurred due to. This assists the attorney in determining the financial value of the case.
Product Liability
Pregnancy can be one of the most exciting and anxious experiences of women's lives. However,
kbphone.co.kr it's also a time when medical professionals can make mistakes that can cause
passaic birth defect lawyer defects. A top lawyer can help parents file a claim against those responsible for their child's disability and receive the amount of compensation they deserve.
Although the causes of birth defects are generally unknown to medical professionals, a significant number are linked to exposure to chemicals or environmental causes. This can include parental exposure to toxic chemicals in the workplace 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 obliged to inform the public about the risks. Yet, a substantial portion of these drugs are sold off-label to women of childbearing age without proper warnings about the possibility of birth defects. This is particularly true for antidepressants like Prozac and Zoloft.
Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defects lawsuits against pharmaceutical and chemical companies. He focuses his practice on cases where birth defects are caused by parental exposure to toxic chemical like those used in semiconductor manufacturing or farming. He is a graduate of the American University in Washington, D.C., and Suffolk University Law School.