Birth Defect Litigation
Certain injuries are beyond the parents or their control. Families can be left with a huge bill when injuries require expensive procedures and special care.
A New York birth defect attorney can assist parents grieving and file claims to obtain compensation for future expenses. The law has strict time limitations for when claims can be filed.
Statute of limitations
Modern technology and medical advances have helped to reduce risks associated with childbirth, pregnancy and birth defect settlement. However, birth defects and injuries do occur. Families should consider their legal options if they can be prevented.
Many birth defect lawsuits are based on allegations of medical malpractice. These cases could involve mistakes committed by nurses or doctors staff at any time during labor, birth and pregnancy. Medical professionals can also be guilty of malpractice following the birth of a child by failing to provide the correct treatment.
In general the statute of limitations for these cases are 2.5 years after the date of the medical malpractice. This time frame is extended for infants. It is essential to speak with a lawyer immediately to ensure that all the evidence is gathered and birth defect lawyers that a timely complaint be filed.
A lawsuit may be filed on behalf of a child for birth defects caused by toxic and chemical exposures during pregnancy. Specially trained birth defect lawyers can look into these claims and bring them to trial on behalf of the family.
When choosing an attorney to represent them in a birth defect or birth injury lawsuit parents should consider the following qualities:
Birth defects can result in a wide range of mental or physical issues. Certain birth defects could be fatal. Some of these issues may be genetic while others are triggered by exposure to environmental factors or prescription medications used during pregnancy.
A medical professional or doctor could be accused of misconduct in the event of causing birth defects by their actions or inaction. These cases are usually based on medical negligence in labor or delivery. They can also include any other act which falls below a standard of medical care, such as failing to recognize an illness or prescribing the wrong medication during pregnancy.
One of these cases involves Teratogens. These medications can cause birth defects that are serious. In the course of pregnancy, doctors generally advise women to stay clear of this medication, which is utilized in the treatment of seizures. If a woman who is pregnant is exposed to this medication, she must file an insurance claim.
It is important that you choose an attorney with prior experience in these types of cases. You should seek out a firm that has years of experience in this field and is on contingency, which means you won’t have to pay anything until you win. Also, look for an attorney with excellent negotiation and communication abilities. This will help ensure that your claim is filed before the time limit expires.
Many birth defects can cause physical or mental disabilities that require costly medical treatment and accommodations for the child. Most often, these disorders are inherited, but a few of them are caused by chemical or environmental exposure or medication that the mother consumed during pregnancy.
Pharmaceutical manufacturers are required to test their products correctly and inform the public about the potential dangers. Unfortunately some pharmaceutical companies do not keep up-to-date with the latest research or fail to anticipate potential side consequences. Some doctors prescribe dangerous drugs to their patients. Some women are not informed about the risks associated with using certain drugs during pregnancy. These medications, also known as teratogens, may cause birth defects, like spina-bifida, in the fetus.
Other substances that could cause birth defects are chemicals that are used in manufacturing and agriculture in addition to heavy metals, like mercury, which are contaminating the groundwater and air. Diane Paolicelli’s legal profession has been focused on fighting powerful corporations that expose women to harmful chemicals and substances that may damage their reproductive health or cause birth defects.
It is crucial to gather as much evidence as you can prior to making a claim against the responsible parties. Included in this are any ultrasound images, blood tests, and medical bills that are incurred due to. This assists the attorney in determining the value of the case.
Pregnancy is among the most exciting, but anxiety-inducing experiences in a woman’s lifetime. However, it’s also a time when medical professionals can make mistakes that can lead to birth defects. A reputable attorney can assist parents in filing claims and getting the amount they deserve from those responsible for the handicap of their child.
While the causes of birth defect claim defects are usually not understood by medical professionals however, many of them are linked to exposure to chemicals or environmental causes. This could include contact from parents with toxic chemicals in the workplace, like glycol ethers and solvents that are used in semiconductor manufacturing, and agricultural chemicals for pesticides and spraying on crops.
Manufacturers and those who prescribe medication must also warn the public about the risks. A significant portion of these medications are sold to women who are pregnant without warnings of the potential for birth defect lawsuit defect. This is especially true for antidepressants like Prozac and Zoloft.
Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect law defect lawsuits against pharmaceutical and chemical companies. He concentrates his practice on cases where birth defects are caused by parental exposure to toxic chemical such as those employed in semiconductor manufacturing or agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.