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Birth Defect Litigation
Parents want perfect children However, some injuries occur out of their control. Families may be left with huge debts when these injuries require costly procedures and specialized care.
A New York birth defect lawyer can assist parents who are shocked to file an action and receive compensation to cover future costs. The law has strict deadlines on when a claim may be filed.
Statute of Limitations
Modern medical technology and advances have reduced the risks associated with pregnancy, childbirth and birth. However birth defects and injuries do occur. Families need to explore their legal options if they can be prevented.
Many birth defect Lawsuits (http://latenitetip.com/index.php?page=User&action=pub_profile&id=463404) are based on allegations of medical malpractice. These lawsuits can result from mistakes made by doctors or nursing staff at any stage of the birth process, including labor and pregnancy. In addition medical professionals can be guilty of medical malpractice after the birth of a child, when they fail to provide the proper treatment.
Generally speaking, the statute of limitations in these cases is 2.5 years from the date of the occurrence of medical malpractice. The time limit may be extended for infants. But, it is crucial to seek legal advice as soon as possible 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 for birth defects that are caused by chemical and toxic exposures during the pregnancy. Specially trained birth defect lawyers can investigate and defend these claims on behalf of the family.
Parents should take into consideration the following qualities when selecting an attorney to represent them in a lawsuit involving birth defects or birth injuries:
Medical Malpractice
Birth defects can result in an array of physical or mental problems. Some of them can be fatal. Some of these problems may be caused by genetics while others are caused by exposure to the environment or prescription drugs taken during pregnancy.
Medical professionals or doctors could be convicted of malpractice when they cause birth defects through their actions or inaction. The majority of these cases are due to medical negligence during labor or delivery. They can also include any other do something that is below the standard of medical care, like, failing to diagnose an illness or prescribing incorrect medication during pregnancy.
One instance of case is a medication called teratogens. It can cause birth defects that are serious. In the course of pregnancy, doctors generally advise women to not take this medication, which is commonly used in the treatment of seizures. If a pregnant woman is exposed to this medication, she must make a claim.
It is crucial to select an attorney with prior experience in these types of cases. You should look for a firm that has expertise in this area and works on contingency, so you don’t have to pay any fees until you win. Find an attorney 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 mental or physical disabilities which require costly medical care and accommodations for the child. Often, these conditions are genetic, however some of them can be caused by chemical or environmental exposure, or by medications the mother took while pregnant.
Drug makers are required to test their products correctly and inform the public about the potential dangers. Unfortunately many pharmaceutical companies fail to keep up with research or anticipate possible side effects. Certain doctors prescribe dangerous drugs to their patients and some women are not aware of the risks associated with taking certain medications while pregnant. These are known 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 manufacturing and agricultural industries, and heavy metals such as mercury that contaminate air or groundwater. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women to harmful chemicals and substances that affect their reproductive health and cause birth defects.
When bringing an action against the parties that are accountable for your child’s health it is essential to gather the most evidence you can. Included in this are any ultrasound images and blood tests as well as medical bills that are incurred as a result. This assists the attorney in determining the financial worth of the case.
Product Liability
Pregnancy is one of the most exciting and nerve-wracking events in a woman’s lifetime. It’s also the time that medical professionals can make mistakes that cause birth defects. A top attorney can help parents to file a claim against the medical professionals accountable for their child’s handicap and obtain the justice they deserve.
Medical experts aren’t always able determine the specific cause of birth defects, but a large number can be due to environmental or chemical exposure. This can be due to exposure by parents to toxic chemicals at work, such as glycol ethers and solvents in semiconductor manufacturing, as well as agricultural chemicals used in pesticides and crop spraying.
Additionally, the manufacturers and those who prescribe prescription medicines have a responsibility to warn people about the risks. However, a lot of these drugs are offered off-label for women of childbearing age without adequate warnings about the risk of birth defects. 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 pharmaceutical and chemical companies. He focuses his practice on cases where birth defects are caused by exposure to toxic chemicals by parents, such as those employed in semiconductor manufacturing or agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.