Birth Defect Litigation
Some injuries are beyond the parents or their control. If injuries that result from these accidents require special treatment and expensive procedures, it could cause families to incur huge costs.
A New York birth defect lawyer can assist parents in filing a claim and get compensation to cover future costs. However, the law places strict deadlines for when a claim should be filed.
Statute of limitations
Modern technology and medical advancements have helped to reduce the risks of childbirth and pregnancy. However, birth defects and injuries still occur. Families should consider their legal options when they are preventable.
Many birth defect lawsuits are based on allegations of medical malpractice. These cases can involve mistakes made by doctors or nursing staff at any point during the birth process, including labor and pregnancy. In addition, medical professionals can commit medical malpractice after a child’s birth if they fail to provide proper treatment.
In general the statute of limitations in these cases is 2.5 years from the date of the medical negligence. For infants, this period may be extended. However, it is important to seek legal advice early enough to ensure that all evidence is obtained and that a timely claim can be filed.
A lawsuit can be filed on behalf of a child in relation to birth defects caused by chemical and toxic exposures during pregnancy. Lawyers specially trained in birth defects can investigate and pursue these claims on behalf of the family.
When choosing an attorney for a birth defect or birth injury lawsuit parents should be looking for the following characteristics:
Medical Malpractice
Birth defects can trigger an array of mental or physical issues. Some of them may even be fatal. Some of these issues may be genetic and others may be caused through exposure to the environment or prescription drugs used during pregnancy.
A doctor or Bridgeport birth defect law firm medical professional may be accused of malpractice when they cause birth defects due to their actions or inaction. These cases are usually based on medical negligence in labor or delivery. However, they can also be a result of any action or failure to act that falls short of a medical standard of care, such as not diagnosing a medical condition or prescribing the wrong medication during pregnancy.
One such case involves Teratogens. These medications can cause serious birth defects. Doctors typically advise women to take this medication during pregnancy. It is used to treat seizures. If an individual is exposed to the drug, she must make an action.
It is crucial to select an attorney with expertise in these kinds of cases. It is best to choose an attorney with experience in this field and is on contingency, which means you don’t have to pay anything until you are successful. Additionally, you should choose an attorney with excellent communication and negotiation skills. This will help ensure that your claim is filed before the statute of limitations expires.
Prescription Drugs
Many birth defects result in mental or physical disabilities that require expensive medical treatment and accommodations for the child. Most of the time, these issues are genetic, but some of them can be caused by chemical or environmental exposure, or the medications the mother was taking during pregnancy.
Drug makers are required to ensure that their products are tested properly and inform the public about any potential dangers. Sadly many pharmaceutical companies do not keep up with the latest research or anticipate potential side effects. In addition, doctors can prescribe dangerous drugs to their patients and some women do not receive the correct information regarding the risks of taking certain medications during pregnancy. These drugs are referred to as teratogens and may cause birth defects in the fetus. This includes spina bifida.
Other substances that can cause bridgeport birth defect law firm defects include chemicals employed in the production and agricultural industries, as well as heavy metals, like mercury, which are contaminating the groundwater or the air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations which expose women to harmful chemicals and other substances that harm their reproductive health and lead to birth defect attorney defects.
It is crucial to gather as many evidences as you can before filing a suit against the party responsible. Included in this are any ultrasound images, blood tests, and medical bills that are incurred due to. This assists the attorney in determining the monetary value of the case.
Product Liability
Pregnancy is one of the most thrilling and stressful events in a woman’s lifetime. It’s also the time when medical professionals can make mistakes that cause birth defects. A top lawyer can help parents to file a claim against the medical professionals accountable for their child’s handicap and acquire the amount of compensation they deserve.
While the causes of birth defects are often not understood by medical professionals, a significant number can be attributed with exposure to chemicals or the environment. This can be due to exposure by parents to harmful chemicals at work, such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used in crop spraying and pesticides.
In addition, the manufacturer and those who prescribe prescription medications must inform consumers of the dangers. A large portion of these drugs are marketed to pregnant women without warnings of the potential for birth defects. This is particularly relevant 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. His practice is centered around cases involving the occurrence lowell birth defect law firm defects due to exposure of parents to toxic chemicals such as those used in semiconductor manufacturing as well as agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.