Birth Defect Litigation
Parents want perfect children however, there are some injuries that occur outside of their control. Families are left with a large bill when injuries require expensive procedures and specialized care.
A New York birth defect attorney can help parents who are grieving and file an appeal to be compensated for future expenses. The law has strict time limits for when claims can be filed.
Statute of limitations
Modern medical technology and advances have aided in reducing the risks that are associated with childbirth, pregnancy and birth. Birth defects and injuries persist. When they are preventable, families should consider their legal options.
Many birth defect lawsuits are based on allegations of medical malpractice. These lawsuits can be based on mistakes committed by nurses or doctors at any time during birth, labor and delivery procedures. Medical professionals may also commit malpractice after the birth of a baby if they fail provide proper treatment.
Generally speaking, the statute of limitations in these cases is 2.5 years from the date of the act of medical negligence. The time limit can be extended to infants. But, it is crucial to seek legal counsel early enough to ensure that all evidence is gathered and that a timely claim can be filed.
In addition to medical malpractice, a suit may also be filed on behalf of an infant for tallmadge birth defect lawyer defects that result from wrongful exposure to chemicals and toxic substances that take place during the mother’s pregnancy. Specially trained birth defect lawyers are able to investigate the claims and then prosecute them on behalf of the family.
When choosing an attorney for a birth injury or defect lawsuit parents should consider the following characteristics:
Medical Malpractice
Birth defects can lead to various mental and physical problems. Some of them can be fatal. Some of these issues are inherited, while others are caused by exposure to the environment or the use of prescription medications during pregnancy.
Medical professionals or doctors could be convicted of malpractice when they cause osceola birth defect attorney defects due to their actions or inaction. These cases usually involve medical negligence during the birth or labor process. However, they can also include any act or inability to act that is not in the range of the medical standard of care, such as not diagnosing a medical condition or prescribing the wrong medicine during pregnancy.
One such type of case involves a medication called teratogens. It can cause serious birth defects. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If women are exposed to the drug, then she must make an insurance claim.
It is important to select an attorney with experience handling these types of cases. Choose a law firm that has a specialization in this area and works on the basis of a contingent fee, which means you won’t have to pay a dime unless you get the case won. Also, look for an attorney with excellent negotiation and communication abilities. This can help ensure that your claim is filed before the time limit expires.
Prescription Drugs
A lot of birth defects can cause mental or physical disabilities, that require costly medical treatment and accommodations for the child. The majority of these problems are genetic, but some of them are caused by chemical or environmental exposure or medication that the mother took while pregnant.
Drug makers are required to test their products correctly and inform the public about any potential risks. Unfortunately some pharmaceutical companies are not keeping up with the latest research or fail to anticipate potential side effects. Some doctors recommend dangerous drugs to their patients. Some women aren’t aware of the risks associated with using certain drugs during pregnancy. These drugs are known as teratogens, and they could cause birth defects in the fetus, such as spina Bifida.
Other substances that can cause birth defects include 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 career is dedicated to combating powerful corporations that expose women to toxic chemicals and substances that can cause harm to their reproductive health and cause birth defects.
It is essential to gather as many evidences as you can before making a claim against the party responsible. Included in this are ultrasound images, blood tests, and medical bills that are incurred as a result. This information will help the attorney assess the value of the case.
Product Liability
Pregnancy is among the most exciting, but stressful experiences in women’s lives. It’s also a time when medical professionals make mistakes that cause birth defects. A top attorney can assist parents in filing an appeal and gaining the compensation they deserve against those who are responsible for the impairment of their child.
Medical professionals aren’t always able of determining the causes of birth defects, however most of them can be attributed to chemical or environmental exposure. This can include parental contact with toxic chemicals at the workplace, such as glycol ethers and solvents used in semiconductor manufacturing, and chemical pesticides used in agriculture and spraying of crops.
Additionally, the manufacturers and those who prescribe prescription medications have a responsibility to warn patients of the risks. Yet, a large percentage of these drugs are sold off-label to women who are pregnant age without proper warnings about the potential for birth defects. This is particularly applicable to antidepressants, such as Prozac and Zoloft.
Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. He focuses his practice on cases where birth defects are caused by exposure of parents to toxic chemicals such as those used in the manufacture of semiconductors or in agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.
