11 Ways To Completely Revamp Your Birth Defect Legal
Birth Defect Litigation
Some injuries are beyond the parents or their control. When these injuries require special treatment and costly procedures, it could cause families to be faced with massive costs.
A New York birth defect attorney can help parents who are in shock to file an appeal to be compensated for future expenses. However, the law places strict deadlines on the time a claim has to be filed.
Statute of limitations
Modern medical technology and advancements in medical science have aided in reducing the risks associated with childbirth, pregnancy and birth. However, birth defect attorney defects and injuries continue to occur. Families need to explore their legal options if they are preventable.
Many birth defect suits are stemming from allegations of medical malpractice that occurred. These lawsuits can result from mistakes committed by nurses or doctors staff at any point during labor, pregnancy and Birth defects birth. Additionally medical professionals can be guilty of medical malpractice following the birth of a child by failing to provide the correct treatment.
Generally, the time-limit for these cases is generally 2.5 years from when the act was committed of medical negligence. The time limit may be extended for infants. It is crucial to consult a lawyer immediately to ensure that all evidence is collected and that a timely complaint can be filed.
In addition to medical malpractice, a suit can also be filed on behalf of an infant for birth defects caused by improper toxic and chemical exposures that take place during the mother's pregnancy. Lawyers specially trained in birth defects can investigate and defend these claims on behalf of the family.
When choosing an attorney to represent them in a birth defect or birth injury lawsuit, parents should look for the following qualities:
Medical Malpractice
Birth defects can cause an array of mental or physical problems. Some birth defects can be fatal. Some of these problems may be genetic, while others are caused through exposure to the environment or prescription medications used during pregnancy.
A medical professional or doctor may be accused of negligence if they cause birth defects through their actions or birth defects inaction. These cases usually are based on medical negligence during delivery or labor. They also encompass any other do something that is below the standard of medical care, like failing to recognize an illness or prescribing the wrong medication during pregnancy.
One example of case involves a medication called teratogens. It can cause serious birth defects. Doctors typically advise women to take this medication during pregnancy. It is used to treat seizures. If a woman is exposed to the drug then she should submit an action.
It is essential to select an attorney who is experienced in handling these types of cases. Choose a law firm that is specialized in this area, and works on the basis of a contingent fee, which means you don't pay anything unless you get the case won. Additionally, you should choose an attorney with excellent communication and negotiation skills. This can help ensure that your claim is filed before the time limit expires.
Prescription Drugs
Many birth defects result in mental or physical disabilities, which require expensive medical care and accommodations for the child. These problems are usually genetic, but can also be caused by environmental or chemical exposure or medication taken by the mother during pregnancy.
Drug makers are required to test their products properly and inform the public of any risks that could be present. Sadly, some pharmaceutical companies do not keep up with the latest research or anticipate possible side consequences. In addition, doctors can prescribe dangerous medications to their patients, and some women do not receive adequate information on the risks associated with taking certain medications during pregnancy. These drugs are known as teratogens, and they can cause birth defects in the fetus including spina Bifida.
Other substances that could cause birth defects are chemicals used in the agricultural and manufacturing industries, and heavy metals like mercury which contaminate air or groundwater. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations which expose women to harmful chemicals and substances that affect their reproductive health and lead to birth defects.
It is essential to gather as many evidences as you can prior to filing a lawsuit against the responsible parties. This includes blood tests, ultrasound images, and medical bills that arise as a result of the birth defect. This helps the attorney establish the worth of the case.
Product Liability
Pregnancy can be one of the most exciting, but stressful experiences in the life of a woman. But it's also a time when medical professionals can make mistakes that can cause birth defects. A top lawyer can assist parents in submitting claims and getting the compensation they deserve from those who are responsible for the impairment of their child.
Although the causes of birth defects are typically unknown to medical professionals but a large proportion of birth defects can be linked to exposure to chemicals or environmental causes. This could be due to contact by parents with toxic chemicals at the workplace, for example glycolethers and solvents utilized in semiconductor manufacturing, as well as agricultural chemicals for pesticides and spraying on crops.
Manufacturers and those who prescribe medicines must also warn people about the dangers. However, a significant portion of these drugs are marketed off-label for women of childbearing age without adequate warnings about the potential for birth defects. This is particularly 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 pharmaceutical and chemical companies. His practice focuses on cases involving the occurrence of birth defects caused by parental exposure to toxic chemicals, including those used in semiconductor manufacturing as well as agriculture. He is a graduate from the American University in Washington, D.C. and Suffolk University Law School.