Birth Defect Litigation
Certain injuries are beyond the parents of their control. Families can be left with huge debts when these injuries require expensive procedures and special attention.
A New York birth defect lawyer can assist parents in filing an appeal and obtain compensation to cover future expenses. However, the law imposes strict time limitations on when a claim must be filed.
Statute of Limitations
Modern medical technology and advances have aided in reducing the risks associated with childbirth, pregnancy and birth. Birth defects and injuries continue to occur. Families should consider their legal options when they can be prevented.
Many birth defect lawsuits are based upon allegations of medical malpractice. These lawsuits can result from mistakes made by doctors or nursing staff at any stage of labor, birth and pregnancy. In addition medical professionals could be guilty of medical malpractice after a child’s birth if they fail to provide proper treatment.
Generally speaking, the time limit for these cases is generally 2.5 years from the date of the incident of medical malpractice. For infants, the time is sometimes extended. It is crucial to consult a lawyer as soon as you can to ensure that all evidence is collected, and that a timely complaint be filed.
In addition to medical malpractice, a lawsuit could also be filed on behalf of an infant for birth defects resulting from improper toxic and chemical exposures that take place during the mother’s pregnancy. Lawyers specially trained in birth defects can investigate these claims and bring them to trial on behalf of the family.
Parents should think about the following aspects when choosing an attorney to represent their interests in a lawsuit filed for birth defects or injuries:
Medical Malpractice
Birth defects can cause a variety of mental and physical problems. Certain birth defects can cause death. Some of these issues are genetic, but others are caused by exposure to environmental factors or the use of prescribed drugs during pregnancy.
A doctor or medical professional could be accused of malpractice when they cause birth defects by their actions or inaction. Most cases involve medical negligence during the birth or labor process. However, they may also include any act or failure to act that is not in the range of a medical standard of care, such as failing to diagnose a condition or prescribing the wrong medication during pregnancy.
One such type of situation is a drug called teratogens. This medication can cause birth defects that are serious. Doctors usually advise women not to take this medication during pregnancy. It is used to treat seizures. If an individual is exposed to the drug then she must make an action.
It is important that you choose an attorney who has prior experience in these types of cases. Find a law firm that is specialized in this area and operates on an hourly basis, which means you don’t pay anything unless you get the case won. Also, you should look for a lawyer who has excellent communication and negotiation skills. This will help to ensure that you make your claim in time before the statute of limitation expires.
Prescription Drugs
A lot of birth defects can cause mental or physical disabilities which require costly medical care and accommodations for the child. Often, these conditions are inherited, but a few of them are caused by environmental or chemical exposure or medication that the mother took while pregnant.
Drug manufacturers are required to test their products thoroughly and warn the public of any potential risks. Sadly, some pharmaceutical companies fail to keep up with research or anticipate possible side effects. Moreover, doctors may prescribe dangerous medicines to their patients and some women do not get proper information about the dangers of taking certain medications during pregnancy. These drugs, referred to as teratogens, may cause birth defects, including spina-bifida that can occur in the fetus.
Other substances that could cause birth defects are chemicals used in the manufacturing and agricultural industries, as well as heavy metals such as mercury that can contaminate groundwater or air. Diane Paolicelli’s legal career has been focused on fighting powerful corporations that expose women to harmful substances and chemicals that can affect their reproductive health or cause birth defects.
When bringing a lawsuit against the parties that are accountable for your child’s health It is crucial to gather the most evidence you can. This includes blood tests, ultrasound images and medical bills that arose as a result of the birth defect. This helps the attorney establish the monetary worth of the case.
Product Liability
Pregnancy is among the most exciting, but nerve-wracking experiences in women’s lives. However, it’s also a time when medical professionals can make mistakes that can lead to birth defects. An experienced attorney can help parents in submitting an appeal and gaining the compensation they deserve against those responsible for the disability of their child.
Medical professionals aren’t always able determine the specific cause of marlborough birth Defect law firm defects, but many of them can be attributed to chemical or environmental exposure. This could include contact from parents with toxic chemicals at the workplace, like glycol ethers and solvents that are used in semiconductor manufacturing, and agricultural chemicals for pesticides and spraying crops.
The pharmaceutical companies and those who prescribe medicines also have a duty to inform the public about the dangers of their products. However, a lot of these drugs are sold off-label to women who are pregnant age without proper warnings about the potential for sellersburg birth defect attorney defects. This is particularly true for antidepressants such as Prozac and Zoloft.
Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defects lawsuits against chemical and pharmaceutical companies. He concentrates his practice on cases where birth defects are caused by exposure to toxic chemicals by parents like those used in the manufacture of semiconductors or in agriculture. He graduated from the American University in Washington, D.C., and Suffolk University Law School.
Group Admins
Sorry, there was no activity found. Please try a different filter.