Birth Defect Litigation
Certain injuries are beyond the parents or their control. Families could be faced with a huge bill when injuries require expensive procedures and
birth defect lawyers specialized care.
A New York birth defect attorney can help parents grieving and file claims to obtain compensation for future expenses. The law has strict deadlines on when claims can be filed.
Statute of limitations
Modern medical technology and advancements in medical science have made it possible to reduce the risks associated with childbirth, pregnancy and birth. However birth defects and injuries still occur. Families need to explore their legal options if they are preventable.
Many
birth defect lawsuits are based on allegations of medical malpractice that occurred. These cases could involve mistakes made by doctors or nursing staff at any stage of labor, pregnancy and birth. Medical professionals may also be guilty of malpractice following the birth of a child in the event that they fail to provide appropriate treatment.
In general, the statutes of limitations for these cases is 2.5 years from the date of the medical negligence. The time frame can be extended to infants. However, it is important to seek legal counsel as soon as you can to ensure that all evidence is gathered and that a timely claim can be filed.
A lawsuit can be filed on behalf of a child to claim birth defects caused by chemical and toxic exposures during pregnancy. Specially trained
birth defect lawyers can investigate and defend these claims on behalf of the family.
When selecting an attorney for a
birth defect lawyers defect or birth injury lawsuit parents should be looking for the following characteristics:
Medical Malpractice
Birth defects can cause various physical and mental problems. Some of them can be fatal. Some of these issues could be genetic while others are caused by environmental exposures or prescription medications used during pregnancy.
A medical professional or doctor may be accused of negligence if they cause birth defects by their actions or inaction. These cases typically are caused by medical negligence during labor or delivery. However, they can include any act or failure to act in excess of the medical standard of care, for instance, failing to recognize a medical issue or prescribing the wrong medicine during pregnancy.
One instance of case involves a medication called teratogens. It can cause serious birth defects. Doctors usually advise women not to take this medication during pregnancy. It is used to treat seizures. If the woman is exposed to the drug she must file a claim.
It is essential to select an attorney who has previous experience in these cases. Look for a law firm that is specialized in this area, and works on the basis of a contingent fee, which means you don't have to pay any fees unless you get the case won. Also, look for an attorney who has strong negotiation and communication abilities. This will ensure that your claim is filed before the time limit expires.
Prescription Drugs
Many birth defects result in mental or physical disabilities, which require costly medical care and accommodations for the child. These issues are often genetic, but they can also be caused by chemical or environmental exposure or medication taken by the mother during pregnancy.
Drug makers are required to thoroughly test their products and warn consumers about any potential risks. Sadly many pharmaceutical companies fail to keep up with research or anticipate the potential adverse effects. Certain doctors prescribe dangerous medications to their patients and some women aren't aware of the dangers associated with taking certain medications during pregnancy. These medications are referred to as teratogens, and they can cause birth defects within the fetus including spina Bifida.
Other substances that could cause birth defects are chemicals used in the agricultural and manufacturing industries, as well as heavy metals such as mercury that can contaminate groundwater or air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women to harmful chemicals and substances that could affect their reproductive health and cause birth defects.
It is crucial to collect as the evidence you can before making a claim against the party responsible. This includes ultrasound scans, blood tests and medical bills incurred as a result of the birth defect. This helps the attorney establish the monetary value of the case.
Product Liability
Pregnancy is among the most exciting and nerve-wracking moments in a woman's life. But it's also a period where many medical professionals make mistakes that can cause birth defects. A top attorney can help parents to file a claim against the medical professionals who are responsible for their child's disabilities and acquire the proper compensation they're entitled to.
While the causes of birth defects are often not understood by medical professionals however, a significant proportion are linked to environmental or chemical exposure. This can include parental exposure to toxic chemicals in the workplace such as solvents and glycol ethers in semiconductor manufacturing, as well as agricultural chemicals used in spraying crops and pesticides.
Furthermore, manufacturers and those who prescribe prescription medicines are required to inform people of their risks. A majority of these drugs are marketed to pregnant women without warnings about the possibility of birth defect. This is especially the case with antidepressants such as 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 concentrates his practice on cases where birth defects result from parental exposure to toxic chemical such as those employed in the manufacture of semiconductors or in agriculture. He is a graduate of American University in Washington,
birth Defect lawyers D.C. and Suffolk University Law School.