Francine Fuller спросил 5 месяцев назад
Birth Defect Litigation
Parents want perfect babies, but some injuries happen outside of their control. If these injuries require special care and costly procedures, it could leave families with huge expenses.
A New York birth defect lawyer can help stunned parents file claims and receive compensation to pay for future expenses. The law has strict deadlines for when claims can be filed.
Statute of Limitations
Modern technology and medical advancements have helped to reduce the risks associated with childbirth and pregnancy. However, birth defects and injuries continue to occur. Families should consider their legal options when they are preventable.
Many birth defect lawsuits are founded on allegations of medical malpractice. These cases could involve mistakes made by nurses or doctors staff at any stage of pregnancy, labor and birth. Medical professionals can also be negligent after the birth of a baby when they fail to provide the proper treatment.
In general the statute of limitations for these cases is 2.5 years from the date of the medical error. The time frame may be extended for infants. It is essential to speak with a lawyer whenever you can to ensure that all the evidence is gathered, and that a timely complaint be filed.
In addition to medical malpractice, a lawsuit can also be brought on behalf of an infant for birth defects caused by improper exposure to chemicals and toxic substances that take place during the mother’s pregnancy. Specially trained birth defect lawyers can investigate and prosecute these claims on behalf of the family.
When choosing an attorney to represent them in a birth injury or defect lawsuit parents should consider the following characteristics:
Medical Malpractice
Birth defects can cause numerous mental or physical issues. Some birth defects can cause death. Some of these problems are inherited, whereas others are due to environmental exposures or the use of prescription medications 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 labor or delivery. However, they could also include any act or failure to act in excess of the medical standard of care, for instance, failing to diagnose a problem or prescribing the wrong medication during pregnancy.
One example of situation is a drug known as teratogens, which could cause serious birth defects. During pregnancy, doctors typically advise women to not take this medication, which is utilized to treat seizures. If a pregnant woman is exposed to this drug, she should make a claim.
It is important that you select an attorney with expertise in these kinds of cases. You should look for an attorney with extensive experience in this field. It also is based on contingency, meaning that you don’t pay anything until you are successful. Also, look for an attorney with excellent communication and negotiation abilities. This will help to ensure that you make your claim in time before the statute of limitation expires.
Prescription Drugs
Many birth defects result in mental or physical disabilities that require costly medical treatment and accommodations for the child. These conditions are often genetic, but can also be caused by chemical or environmental exposure or medications taken by the mother during pregnancy.
Drug makers are required to test their products thoroughly and warn the public of any potential risks. Unfortunately certain pharmaceutical companies fail to keep up with the latest research or fail to anticipate possible side consequences. Certain doctors prescribe dangerous drugs to their patients. Some women aren’t aware of the risks associated with using certain drugs during pregnancy. These are known as teratogens and can cause birth defects in the fetus including spina bifida.
Other substances that can cause birth defects are chemicals used in the agricultural and manufacturing industries, and heavy metals like mercury that can contaminate groundwater or air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women chemicals and other substances that damage their reproductive health and cause birth defects.
When filing a lawsuit against the parties accountable for your child’s condition it is crucial to gather as much evidence as you can. This includes blood tests, ultrasound images and medical bills that came up due to the birth defect. This will help the attorney determine the financial value of the case.
Product Liability
Pregnancy is one of the most thrilling and stressful moments in a woman’s life. However, it’s also a time when medical professionals can make mistakes that can cause birth defects. A top lawyer can help parents bring a lawsuit against those responsible for their child’s disability and acquire the amount of compensation they deserve.
Although the causes of birth defects are generally unknown to medical professionals but a large proportion of birth defects are linked to exposure to chemicals or environmental causes. This could include contact from parents with toxic chemicals in the workplace, for example glycolethers and solvents utilized in semiconductor manufacturing, and agricultural chemicals used for pesticides as well as spraying crops.
Furthermore, manufacturers and those who prescribe prescription drugs have a responsibility to inform people of their risks. Yet, a substantial portion of these drugs are marketed off-label to women of childbearing age without warnings regarding the possibility of birth defects. This is especially applicable to antidepressants such Prozac and Zoloft.
Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. His practice is centered around cases that involve the occurrence of birth defects due to exposure of parents to toxic chemicals, including those used in semiconductor manufacturing and agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.