Vivien Sharwood спросил 5 месяцев назад
Birth Defect Litigation
Some injuries are out of the parents in their control. Families are left with huge bills when these injuries require costly procedures and special treatment.
A New York birth defect lawyer can assist parents who are stunned to file claims and receive compensation to cover the cost of future expenses. The law has strict time limits on when a claim can be filed.
Statute of limitations
Modern technology and medical advances have aided in reducing the risks that are associated with childbirth, pregnancy and birth. Birth defects and injuries do still occur. When they are preventable, families must consider their legal options.
Many birth defect lawsuits are founded on allegations of medical malpractice. These cases can involve mistakes committed by nurses or doctors staff at any time during labor, birth and pregnancy. Medical professionals may also be negligent following the birth of a baby by failing to provide the correct treatment.
Generally speaking, the statute of limitations in these cases is generally 2.5 years from when the act was committed of medical malpractice. For infants this period may be extended. It is nevertheless important to seek legal advice immediately to ensure that all evidence is obtained and that a timely claim can be filed.
A lawsuit may be filed on behalf of a child for birth defects caused by chemical and toxic exposures during the pregnancy. Specially trained birth defect lawyers are able to investigate these claims and pursue them on behalf of the family.
When choosing an attorney for a birth injury or defect lawsuit parents should consider the following qualities:
Medical Malpractice
Birth defects can trigger a wide range of physical or mental problems. Certain birth defects can cause death. Some of these problems may be caused by genetics, while others are caused through exposure to the environment or prescription medications taken during pregnancy.
A doctor or medical professional may be accused of malpractice when they cause birth defects by their actions or inaction. Most cases involve medical negligence during labor or delivery. They may also involve any act of failure to act which falls below a standard of medical care, such as not diagnosing an illness or prescribing the wrong medication during pregnancy.
One example of this type of situation involves a drug called teratogens. It can cause serious birth defects. When pregnant, doctors usually advise women to avoid taking this medication, which is commonly used to treat seizures. If a pregnant woman is exposed to this medication, she must submit an insurance claim.
It is important that you choose an attorney who has experience in these types of cases. Find a law firm that has a specialization in this area, and works on the basis of a contingent fee, which means you don’t pay anything unless you are successful. Also, look for an attorney who has strong negotiation and communication abilities. This will ensure that you submit your claim before the statute of limitation expires.
Prescription Drugs
Many birth defects cause mental or physical disabilities, which require costly medical care and accommodations for the child. These disorders are usually genetic, but can also be caused by environmental or chemical exposure or medications taken by the mother during pregnancy.
Drug makers are required to thoroughly test their products and inform consumers of any potential risks. Unfortunately some pharmaceutical companies fail to keep up with research or anticipate possible side effects. Some doctors recommend dangerous drugs to their patients, and some women aren’t aware of the risks associated with taking certain medications during pregnancy. These are known as teratogens. They can cause birth defects within the fetus including spina Bifida.
Other substances that could 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’s legal career is focused on combating powerful corporations that expose women to toxic chemicals and substances that can affect their reproductive health or lead to birth defects.
It is important to collect as many evidences as you can prior to making a claim against the parties accountable. Included in this are any ultrasound images as well as blood tests and medical bills that are incurred as a result. This information helps attorneys determine the worth of the case.
Product Liability
Pregnancy is among the most thrilling and stressful experiences a woman can go through in her life. It’s also the time that medical professionals make mistakes that result in birth defects. A top attorney can assist parents in submitting claims and getting the compensation they deserve from the people responsible for the disabilities of their child.
Medical professionals aren’t always able of determining the root of birth defects, however most of them can be attributable to environmental or chemical exposure. This can include parental exposure to toxic chemicals at work such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used for spraying for crops and pesticides.
The manufacturers and the people who prescribe medicines are also obliged to inform the public about the risks. Yet, a substantial portion of these drugs are marketed off-label to women of childbearing age without adequate warnings about the potential for birth defect lawsuit 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. His practice is centered around cases where birth defects result from exposure to toxic chemicals by parents, such as those employed in semiconductor manufacturing or farming. He graduated of the American University in Washington, D.C. and Suffolk University Law School.