Uta Bigham спросил 5 месяцев назад
Birth Defect Litigation
Some injuries are out of the parents of their control. Families can be left with a large bill when injuries require costly procedures and special treatment.
A New York birth defect lawyer can assist parents in filing claims and receive compensation to cover the cost of future expenses. However, the law has strict deadlines for when a claim needs to be filed.
Statute of Limitations
Modern technology and medical advancements have helped to reduce the risks associated with childbirth and pregnancy. Birth defects and injuries still occur. Families need to consider their legal options when they are preventable.
Many birth defect suits are stemming from claims of medical malpractice. These cases could involve mistakes made by doctors or nurses at any time during the labor and birth procedures. Medical professionals can 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 in these cases is 2.5 years after the date of the medical error. For infants, this can be extended. However, it is essential to seek legal counsel as soon as possible to ensure that all evidence is collected and that a timely claim be filed.
In addition to medical malpractice, a suit can also be filed on behalf of an infant for birth defects that result from wrongful exposure to chemicals and toxic substances that occur during a mother’s pregnancy. Specially trained birth defects lawyers are able to investigate the claims and then prosecute them on behalf of the family.
When choosing an attorney to represent them in a birth defect lawyers defect or birth injury lawsuit parents should look for the following characteristics:
Medical Malpractice
Birth defects can lead to various mental and physical problems. Some of them may even be fatal. Some of these issues are caused by genetics, while others are caused by exposure to the environment or the use of prescription drugs during pregnancy.
Medical professionals or doctors could be accused of malpractice when they cause birth defects due to their actions or inaction. These cases usually are based on medical negligence during labor or delivery. They may also involve any other perform a task that is not within the standard of medical treatment, for instance the failure to diagnose an illness or prescribing incorrect medication during pregnancy.
One example is involving the teratogens. These drugs can result in birth defects that are serious. In the course of pregnancy, doctors generally advise women to stay clear of this medication, which is used in the treatment of seizures. If a woman who is pregnant is exposed to this drug, she should file a claim.
It is vital to select an attorney with prior experience in these types of cases. Choose a law firm that is specialized in this area and works on an hourly basis, which means you don’t have to pay any fees unless you get the case won. Find an attorney who has outstanding negotiation and communication skills. This will help to ensure that you file your claim before the statute of limitations expires.
Prescription Drugs
A lot of birth defects can cause physical or mental disabilities, which require expensive medical care and accommodations for the child. These problems are usually genetic, but they can also be caused by environmental or chemical exposure or the use of medications by the mother during pregnancy.
Pharmaceutical manufacturers are required to test their products correctly and inform the public about any potential dangers. Unfortunately, some pharmaceutical companies do not keep up with research or anticipate the potential adverse consequences. Some doctors prescribe dangerous drugs to their patients and some women are not aware of the dangers associated with taking certain medications during pregnancy. These drugs, referred to as teratogens, may cause birth defects such as spina-bifida in the fetus.
Other substances that could cause birth defects are the chemicals used in the manufacturing and agricultural industries, and heavy metals such as mercury that pollute groundwater and air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations which expose women to harmful chemicals and substances that could harm their reproductive health and lead to birth defects.
If you are filing 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 or blood tests, as well as medical bills incurred due to. This allows the attorney to determine the financial worth of the case.
Product Liability
Pregnancy can be one of the most exciting, yet anxious experiences of women’s lives. It’s also a time when many medical professionals make mistakes that could lead to birth defects. An experienced attorney can assist parents file a claim against those accountable for their child’s handicap and get the amount of compensation they deserve.
While the causes of birth defects are generally not understood by medical professionals, a significant number can be attributed to exposure to chemicals or environmental factors. This could be due to contact by parents with toxic chemicals at the workplace, such as glycolethers and solvents utilized in semiconductor manufacturing, as well as chemical pesticides used in agriculture and spraying on crops.
In addition, manufacturers and those who prescribe prescription drugs are required to inform people of their risks. A majority of these drugs are offered to women who are expecting without warnings about the risk of birth defects. This is particularly applicable to 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 concentrates his practice on cases where birth defects result from parental exposure to toxic chemical such as those that are employed in the manufacture of semiconductors or in agriculture. He graduated from the American University in Washington, D.C. and Suffolk University Law School.