Rickey Gulley спросил 6 месяцев назад
Birth Defect Litigation
Parents want perfect children However, some injuries occur outside of 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 lawyer can assist parents in filing a claim and get compensation to cover the cost of future expenses. However, the law puts strict deadlines for when a claim needs to be filed.
Statute of Limitations
Modern medical technology and advancements in medical science have helped to reduce risks associated with pregnancy, childbirth and birth. However, birth defect law firms defects and injuries continue to occur. If they can be prevented, lawyers families need to explore their legal options.
Many birth defect lawsuits are founded on allegations of medical malpractice. These lawsuits can be based on mistakes committed by nurses or doctors at any time during the labor and delivery processes. Medical professionals may also be negligent after the birth of a baby by failing to provide the correct treatment.
Generally speaking, the time-limit for these cases is 2.5 years from the date of the incident of medical negligence. For infants, the time period may be extended. It is crucial to consult a lawyer as soon as you can to ensure that all evidence is gathered and that a timely complaint be filed.
A lawsuit may be filed on behalf of a baby for birth defects that are caused by chemical and toxic exposures during the pregnancy. Specially trained birth defect lawyers can examine these claims and bring them to trial on behalf of the family.
When choosing an attorney to represent them in a birth defect or birth injury lawsuit parents should consider the following qualities:
Medical Malpractice
Birth defects can cause many physical or mental problems. Certain birth defects can cause death. Some of these issues could be caused by genetics while others are caused by exposure to the environment or prescription medications used during pregnancy.
A doctor or medical professional could be accused of malpractice when they cause birth defects due to their actions or inaction. The most common cases involve medical negligence during labor or delivery. However, they may also include any act or failure to act that falls short of the medical standard of care, for instance, failing to diagnose a problem or prescribing the wrong medication during pregnancy.
One of these cases involves teratogens. These medications can cause serious birth defects. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If a pregnant woman is exposed to this drug, she should file a claim.
It is essential to select an attorney who has previous experience in these cases. Find a firm that specializes in this area and works on an on a contingency basis, meaning there is no cost unless you get the case won. Additionally, you should choose a lawyer with strong communication and negotiation skills. This can help ensure that your claim is filed before the time for filing expires.
Prescription Drugs
Many birth defects cause mental or physical disabilities that require costly medical treatment and accommodations for the child. These problems are usually genetic, but they may also be caused by chemical or environmental exposure or medication taken by the mother during pregnancy.
Drug manufacturers are required to ensure that their products are tested properly and inform the public of any potential dangers. Unfortunately some pharmaceutical companies do not keep up 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 risks of taking certain medications while pregnant. These are known as teratogens, and they may cause birth defects in the fetus, such as spina Bifida.
Other substances that may cause birth defects are chemicals that are used in manufacturing and agriculture and heavy metals, like mercury that are contaminating groundwater or the air. Diane Paolicelli’s legal career has been focused on fighting powerful corporations that expose women to toxic chemicals and substances that may affect their reproductive health or cause birth defects.
When bringing an action against the parties accountable for your child’s condition, it is important to gather the most evidence you can. Included in this are ultrasound images as well as blood tests and medical bills that are incurred as a result. This allows the attorney to determine the monetary value of the case.
Product Liability
Pregnancy is one of the most thrilling and stressful times in a woman’s life. It’s also a time when many medical professionals can make mistakes that cause birth defects. A reputable attorney can assist parents in submitting an appeal and gaining the compensation they deserve against those responsible for the handicap of their child.
Although the causes of birth defects are generally unknown to medical professionals, a significant number can be linked to environmental or chemical exposure. This could include exposure of parents to harmful chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used in spraying crops and pesticides.
The pharmaceutical companies and those who prescribe medicines are also required to inform the public about their risks. However, a lot of these medications are sold off-label for women of childbearing age without warnings regarding the risk of birth defects. This is particularly true for antidepressants like 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 agricultural. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.