10 Amazing Graphics About Birth Defect Legal
birth defect law firms Defect Litigation
Some injuries are beyond the parents of their control. Families could be faced with huge debts when these injuries require expensive procedures and special attention.
A New York birth defect attorney can assist parents who are in shock to file claims to obtain compensation for future expenses. The law has strict deadlines for when claims can be filed.
Statute of limitations
Modern technology and medical advances have helped to reduce the risks associated with childbirth and pregnancy. Birth defects and injuries do still occur. Families must consider their legal options when they are preventable.
Many birth defect lawsuits stem from allegations of medical malpractice. These cases may involve mistakes made by nurses or doctors at any point in the labor and birth procedures. Medical professionals may also be negligent following the birth of a child in the event that they fail to provide appropriate treatment.
In general the statute of limitations for these cases are 2.5 years from the date of the medical negligence. This time frame is extended for infants. However, it is essential to seek legal advice early enough 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 in relation to birth defects caused by chemical and toxic exposures during pregnancy. Specially trained birth defects lawyers are able to investigate these claims and bring them to trial on behalf of the family.
When choosing an attorney to represent them in a birth injury or defect lawsuit parents should consider the following characteristics:
Medical Malpractice
Birth defects can lead to various mental and physical problems. Some of them may even be fatal. Certain of these problems could be caused by genetics while others are triggered through exposure to the environment or prescription drugs taken during pregnancy.
A medical professional or doctor could be accused of malpractice if they cause birth defects by their actions or inaction. These cases usually involve medical negligence during the birth or labor process. They can also include any act of failure to perform a task that is not within the standard of medical care, for example the failure to diagnose an illness or prescribing incorrect medication during pregnancy.
One such type of case is a medication called teratogens, which can cause birth defects that are serious. Doctors typically advise women not to take this medication during pregnancy. It is used to treat seizures. If a woman who is pregnant is exposed to this medication, she must submit a claim.
It is important that you choose an attorney who has previous experience in these cases. Choose a law firm that is specialized in this area and works on an hourly basis, which means you don't pay anything unless you succeed. Additionally, you should choose a lawyer with strong communication and negotiation abilities. This will help ensure that your claim is filed before the time limit expires.
Prescription Drugs
Many birth defects result in physical or mental disabilities that require costly medical treatment and accommodations for the child. The majority of these problems are inherited, but a few of them are caused by environmental or chemical exposure, or by medications the mother consumed during pregnancy.
Pharmaceutical manufacturers are required to adequately test their products and warn consumers of any risks. Unfortunately some pharmaceutical companies do not keep up to date with the latest research or fail to anticipate possible side effects. Certain doctors prescribe dangerous medications to their patients. Moreover, some women are not aware of the dangers associated with taking certain drugs while pregnant. These are known as teratogens, and Birth Defect Lawsuits they could cause birth defects in the fetus, such as 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 pollute groundwater and air. Diane Paolicelli's legal profession has been dedicated to fighting powerful corporations who expose women to harmful chemicals and substances that may affect their reproductive health or cause birth defects.
When bringing an action against the parties responsible for your child's condition it is crucial to gather as much evidence as you can. Included in this are any ultrasound images as well as blood tests and medical bills incurred as a result. This information helps the attorney assess the worth of the case.
Product Liability
Pregnancy is among the most exciting, but stressful experiences in a woman's lifetime. It's also a time when medical professionals can make mistakes that could cause birth defects. An experienced attorney can assist parents to file a claim against the medical professionals responsible for their child's condition and receive the proper compensation they're entitled to.
Medical professionals aren't always able determine the specific cause of birth defects, but many of them can be due to environmental or chemical exposure. This could include exposure of parents 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.
In addition, the manufacturer and those who prescribe prescription drugs have a responsibility to inform people of their risks. However, a lot of these drugs are sold off-label to women who are pregnant age without warnings regarding the possibility of birth defects. This is particularly true for antidepressants such as Prozac and Zoloft.
Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. He concentrates his practice on cases involving the occurrence of birth defects resulting from parental exposure to toxic chemicals, such as the ones used in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.