Margery Tipper спросил 5 месяцев назад
Birth Defect Litigation
Some injuries are beyond the parents in their control. If these injuries require special treatment and expensive procedures, it could leave families with huge expenses.
A New York birth defect attorney can assist parents who are in shock file an action to receive compensation for future expenses. However, the law places strict deadlines for the time a claim has to be filed.
Statute of Limitations
Modern technology and medical advancements have helped to reduce the risks that come with childbirth and pregnancy. Birth defects and injuries persist. Families need to explore their legal options when they are preventable.
Many birth defect lawsuits are made on the basis of claims of medical malpractice. These cases may involve errors made by nurses or doctors staff at any point during labor, pregnancy and birth. Additionally medical professionals may be guilty of medical malpractice following the birth of a child in the event that they fail to provide the proper treatment.
In general the statute of limitation for these cases are 2.5 years after the date of the medical malpractice. This time period is extended for infants. But, it is crucial to seek legal advice immediately to ensure that all evidence is obtained and that a timely claim can be filed.
In addition to medical malpractice, a suit may also be filed on behalf of a baby for birth defect lawyers defects caused by improper exposure to chemicals and toxic substances that occur during the mother’s pregnancy. Specially trained birth defect lawyers can investigate and pursue these claims on behalf of the family.
When selecting an attorney for a birth injury or defect lawsuit parents should look for the following characteristics:
Medical Malpractice
Birth defects can lead to a variety of physical and mental problems. Some birth defects may cause death. Some of these problems are inherited, while others are due to exposure to environmental factors or the usage of prescription drugs during pregnancy.
Medical professionals or doctors may be accused of malpractice when they cause birth defects through their actions or inaction. The most common cases involve medical negligence during labor or delivery. However, they may also be a result of any action or failure to act that is in violation of the medical standard of care, like failing to diagnose a condition or prescribing the wrong medicine during pregnancy.
One example of this type of case involves a medication called teratogens, which can cause serious birth defects. Doctors typically advise women to take this medication during pregnancy. It is used to treat seizures. If a woman who is pregnant is exposed to this drug, she should file a claim.
It is important that you select an attorney who has previous experience in these cases. Choose a law firm that has a specialization in this area, and works on an on a contingency basis, meaning you won’t have to pay a dime unless you win. Additionally, you should choose a lawyer with strong communication and negotiation skills. This will help ensure that your claim is filed before the time limit expires.
Prescription Drugs
Many birth defects lead to mental or physical disabilities, which require costly medical care and accommodations for the child. These problems are usually genetic, but can also be caused by environmental or chemical exposure or medication taken by the mother during pregnancy.
Pharmaceutical companies are required to test their products properly and inform the public about any risks that could be present. Sadly many pharmaceutical companies do not keep up with research or foresee potential side consequences. Certain doctors prescribe dangerous drugs to their patients. Moreover, some women are not informed about the dangers associated with using certain drugs during pregnancy. These drugs, also known as teratogens may cause birth defects, like spina-bifida that can occur in the fetus.
Other substances that may cause birth defects are chemicals that are used in manufacturing and agriculture in addition to heavy metals like mercury that are contaminating groundwater or the air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women to harmful chemicals and substances that damage their reproductive health and cause birth defects.
It is crucial to collect as all evidence you can prior to making a claim against the parties accountable. Included in this are ultrasound images, blood tests, and medical bills incurred due to. This allows the attorney to determine the monetary worth of the case.
Product Liability
Pregnancy is one of the most exciting and nerve-wracking times in a woman’s life. But it’s also a time where medical professionals often make mistakes that can lead to birth defects. A reputable attorney can assist parents in filing an appeal and gaining the compensation they deserve against those responsible for the handicap of their child.
Medical professionals aren’t always able of determining the causes of birth defects, however the majority of them can be caused by environmental or chemical exposure. This can be due to exposure by parents to harmful chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, as well as agricultural chemicals used in spraying for crops and pesticides.
Additionally, the manufacturers and those who prescribe prescription medicines must inform consumers of the dangers. A significant portion of these drugs is marketed to women who are pregnant, without warnings of the possibility of birth defects. This is particularly true for antidepressants like Prozac and Zoloft.
Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defects lawsuits against pharmaceutical and chemical companies. His practice focuses on cases that involve the occurrence of birth defects due to exposure of parents to toxic chemicals, which includes those used in semiconductor manufacturing and agriculture. He is a graduate from the American University in Washington, D.C. as well as Suffolk University Law School.