Gerald Link спросил 8 месяцев назад
Birth Defect Litigation
Parents want their children to be perfect however, there are some injuries that occur outside their control. Families are left with a large bill when injuries require expensive procedures and special attention.
A New York birth defect lawyer can assist parents who are shocked to file an action and receive compensation to cover future expenses. The law has strict time limitations for when claims can be filed.
Statute of limitations
Modern medical technology and advancements in medical science have reduced the risks related to pregnancy, childbirth and birth. However birth defects and injuries can still occur. If they can be prevented, families need to explore their legal options.
Many birth defect lawsuits are founded on allegations of medical malpractice. These cases can involve mistakes made by nurses or doctors staff at any point during the birth process, including labor and pregnancy. Medical professionals can also be negligent following the birth of a child in the event that they fail to provide appropriate treatment.
Generally, the time limit for these cases is 2.5 years from the date of the incident of medical malpractice. This time period is extended for infants. 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 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 the claims and then prosecute them on behalf of the family.
Parents should think about the following aspects when choosing an attorney to represent them in a lawsuit involving birth defects or injuries:
Medical Malpractice
Birth defects can cause an array of physical or mental problems. Certain birth defects could cause death. Some of these problems are caused by genetics, while others are due to exposure to environmental factors or the use of prescribed drugs during pregnancy.
Medical professionals or doctors can be accused of negligence when they cause birth defects through their actions or inaction. The most common cases involve medical negligence during the birth or labor process. They can also be a result of any act of failure to act which falls below a standard of medical care, such as the failure to diagnose an illness or prescribing incorrect medication during pregnancy.
One instance of case is a medication called teratogens, which can cause serious birth defects. When pregnant, doctors usually advise women to not take this medication, which is utilized in the treatment of seizures. If the woman is exposed to the drug, then she must file an insurance claim.
It is important to select an attorney with experience handling these types of cases. You should choose a firm with years of experience in this field and is on contingency, which means you won’t be charged anything until you are successful. Also, you should look for a lawyer with strong communication and negotiation skills. This will ensure that you make your claim in time before the statute of limitation expires.
Prescription Drugs
Many birth defects cause physical or mental disabilities that require expensive medical treatment and accommodations for the child. These conditions are often genetic, but they may also be caused by environmental or birth defect lawyers chemical exposure or the use of medications by the mother during pregnancy.
Drug makers are required to test their products thoroughly and inform consumers of any risks. Unfortunately certain pharmaceutical companies do not keep up with research or foresee potential side consequences. Certain doctors prescribe dangerous drugs to their patients. Some women are not informed about the risks associated with using certain drugs during pregnancy. These medications are referred to as teratogens and could cause birth defects in the fetus including spina bifida.
Other substances that could cause birth defects are the chemicals used in the agricultural and manufacturing industries, and heavy metals like mercury, which affect groundwater or the air. Diane Paolicelli’s career in law has been focused on combating powerful corporations that expose women to toxic chemicals and substances that may cause harm to their reproductive health and lead to birth defect attorney defects.
It is crucial to gather as the evidence you can before making a claim against the responsible parties. Included in this are ultrasound images, blood tests, and medical bills that are incurred due to. This information can help the attorney to determine the value of the case.
Product Liability
Pregnancy is one of the most thrilling and stressful times in a woman’s life. But it’s also a time where many medical professionals make mistakes that could lead to birth defects. A top attorney can assist parents in filing an appeal and gaining the compensation they deserve against those responsible for the disability of their child.
Medical professionals aren’t always able to determine the causes of birth defects, however a large number can be due to environmental or chemical exposure. This can include parental exposure to harmful chemicals at work, such as glycol ethers and solvents in semiconductor manufacturing, as well as agricultural chemicals used for pesticides and crop spraying.
In addition, the manufacturer and the people who prescribe prescription medications have a responsibility to inform patients of the risks. Yet, a substantial portion of these drugs are sold off-label for women of childbearing age, without warnings about the risk of birth defects. This is especially relevant for antidepressants like Prozac and Zoloft.
Christian Uehlein is a partner with Thornton Law Firm. He 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 that are employed in semiconductor manufacturing or farming. He is a graduate of the American University in Washington, D.C., and Suffolk University Law School.