11 Ways To Completely Revamp Your Birth Defect Legal
Birth Defect Litigation
Certain injuries are beyond the parents or their control. Families can be left with a huge bill when injuries require costly procedures and special attention.
A New York birth defect attorney can assist parents who are grieving and file an appeal to be compensated for future expenses. The law has strict deadlines for when claims can be filed.
Statute of Limitations
Modern technology and medical advances have helped reduce the risks of childbirth and pregnancy. However, birth defects and injuries do occur. If they're preventable families must consider their legal options.
Many birth defect lawsuits stem from allegations of medical malpractice. These lawsuits can be based on mistakes committed by nurses or doctors at any time during the birth, labor and delivery procedures. In addition, medical professionals can commit medical malpractice after the birth of a child, when they fail to provide proper treatment.
In general the statute of limitations in these cases are 2.5 years after the date of the medical negligence. This time period can be extended for infants. However, it is essential to seek legal advice as soon as you can to ensure that all evidence has been collected and that a timely claim can be filed.
In addition to medical malpractice, a lawsuit may also be filed on behalf of a baby for birth defects resulting from improper exposure to chemicals and toxic substances that take place during the mother's pregnancy. Specially trained birth defect lawyers can investigate these claims and pursue them 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 characteristics:
Medical Malpractice
Birth defects can trigger a wide range of mental or physical issues. Certain birth defects can be fatal. Some of these problems are genetic, but others are caused by exposure to the environment or the use of prescribed drugs during pregnancy.
A medical professional or doctor could be accused of misconduct when they cause a birth defect through their actions or inaction. Most cases involve medical negligence during the birth or labor process. They may also involve any other perform a task that is not within the standard of medical care, like not diagnosing an illness or prescribing incorrect medication during pregnancy.
One example of case involves a medication known as teratogens, which could cause birth defect lawsuit defects that are serious. Doctors typically advise women not to take this medication during pregnancy. It is used to treat seizures. If a woman is exposed to the drug, then she should file a claim.
It is important that you choose an attorney with experience in these types of cases. You should seek out an attorney who has experience in this field and operates on contingency basis, which means you don't pay anything until you are successful. Also, search for a lawyer who has excellent communication and negotiation skills. This will ensure that your claim is filed before the statute of limitations expires.
Prescription Drugs
Many birth defects lead to physical or mental disabilities, which require costly medical care and accommodations for the child. Often, these conditions are inherited, but a few of them may be caused by chemical or environmental exposure, or medications that the mother took during pregnancy.
Pharmaceutical manufacturers are required to test their products properly and inform the public about any potential risks. Unfortunately certain pharmaceutical companies don't keep up-to-date with the latest research or fail to anticipate possible side effects. Furthermore, doctors may prescribe dangerous drugs to their patients as well as some women do not receive the correct information regarding the risks associated with taking certain medications during pregnancy. These medications, also known as teratogens may cause birth defects, including spina-bifida, which is a birth defect in the fe.
Other substances that can cause birth defects are chemicals used in agriculture and manufacturing and heavy metals like mercury, which are contaminating the groundwater or lawsuit the air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations which expose women to harmful chemicals and substances that affect their reproductive health and lead to birth defects.
When filing a lawsuit against the parties accountable for your child's condition, it is important to gather the most evidence you can. This includes any ultrasound scans, blood tests, and medical bills that came up as a result of the birth defect. This will help the attorney determine the financial worth of the case.
Product Liability
Pregnancy is one of the most thrilling and stressful events in a woman's lifetime. It's also a time where medical professionals often make mistakes that could cause birth defects. A top lawyer can help parents bring a lawsuit against those accountable for their child's handicap and Lawsuit acquire the justice they deserve.
Medical professionals aren't always able determine the specific cause of birth defects, but a large number can be caused by environmental or chemical exposure. This could include contact from parents with toxic chemicals at the workplace, such as glycol ethers and solvents that are used in semiconductor manufacturing, and agricultural chemicals for pesticides and spraying crops.
In addition, manufacturers and those who prescribe prescription medications are required to inform people of their risks. A majority of these drugs are offered to women who are pregnant without warnings about the risk of birth defect. This is especially the case with antidepressants such as Prozac and Zoloft.
Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. He focuses his practice on cases where birth defects are caused by exposure to toxic chemicals in the home by parents, such as those employed in semiconductor manufacturing or farming. He is a graduate of the American University in Washington, D.C., and Suffolk University Law School.