Birth Defect Litigation
Some injuries are out of the parents of their control. Families are left with huge debts when these injuries require expensive procedures and special treatment.
A New York birth defect attorney can help parents grieving and file an action to receive compensation for future expenses. However, the law places strict deadlines on when a claim must be filed.
Statute of limitations
Modern medical technology and advancements in medical science have aided in reducing the risks that are associated with childbirth, pregnancy and birth. However birth defects and injuries continue to occur. If they’re preventable families should consider their legal options.
Many birth defect lawsuits stem from allegations of medical malpractice. These cases can involve errors made by nurses or doctors at any time during the pregnancy, labor and delivery processes. In addition medical professionals may be guilty of medical malpractice after the birth of a child, by failing to provide proper treatment.
In general, the statutes of limitations in these cases is 2.5 years after the date of the medical negligence. For infants, the time can be extended. It is nevertheless important to seek legal counsel as soon as possible to ensure that all evidence has been collected and that a timely claim can be filed.
In addition to medical malpractice, a lawsuit can also be brought on behalf of a baby for birth defects caused by wrongful exposure to chemicals and toxic substances that occur during the mother’s pregnancy. Specially trained birth defect lawyers can investigate these claims and prosecute them on behalf of the family.
Parents should be aware of the following aspects when choosing an attorney to represent them in a lawsuit for birth injury or defect:
Medical Malpractice
Birth defects can result in many mental or physical issues. Certain birth defects could be fatal. Some of these issues are inherited, while others are due to exposure to environmental factors or the use of prescribed drugs during pregnancy.
Medical professionals or doctors can be accused of negligence when they cause birth defects due to their actions or inaction. These cases usually involve medical negligence during the st clairsville birth defect attorney or labor process. They may also involve any other perform a task that is not within the standard of medical care, like not diagnosing an illness or prescribing incorrect medication during pregnancy.
One of these cases involves teratogens. These drugs can cause birth defects that are serious. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If women are exposed to the drug she must submit a claim.
It is essential to select an attorney who is experienced in handling these types of cases. You should look for an attorney with extensive experience in this field. It also is on contingency, which means you don’t pay anything until you win. Look for an attorney who has an excellent ability to communicate and negotiate. This will help ensure that you submit your claim before the statute of limitation expires.
Prescription Drugs
A variety of birth defects cause physical or mental disabilities that require costly medical treatment and accommodations for the child. Most of the time, these issues are genetic, however some of them are caused by environmental or chemical exposure or medication that the mother took during pregnancy.
Drug makers are required to test their products thoroughly and warn consumers of any risks. Unfortunately many pharmaceutical companies fail to keep up with research or anticipate the potential adverse effects. Moreover, doctors may prescribe dangerous medicines to their patients and some women do not receive the correct information regarding the risks associated with taking certain medications during pregnancy. These drugs are known as teratogens. They can cause mound birth defect law firm defects within the fetus, such as spina bifida.
Other substances that could cause birth defects include chemicals used in manufacturing and agriculture in addition to heavy metals, like mercury, which are contaminating the groundwater and air. Diane Paolicelli’s career in law has been focused on fighting powerful corporations who expose women to toxic substances and chemicals that can affect their reproductive health or cause birth defects.
It is important to collect as many evidences as you can prior to filing a lawsuit against the party responsible. This includes blood tests, ultrasound images and medical bills incurred due to the birth defect. This information assists the attorney determine the worth of the case.
Product Liability
Pregnancy can be one of the most exciting, yet anxious experiences of a woman’s lifetime. However, it’s also a time where many medical professionals make mistakes that can cause birth defects. A reputable attorney can assist parents in submitting an appeal and gaining the compensation they deserve from those who are responsible for the impairment of their child.
Medical professionals aren’t always able to determine the specific cause of birth defects, however most of them can be attributable to environmental or chemical exposure. This may include contact by parents with toxic chemicals at the workplace, like glycol ethers and solvents used in semiconductor manufacturing, and agricultural chemicals for pesticides and spraying of crops.
In addition, the manufacturer and the people who prescribe prescription medications are required to inform people about the risks. A large number of these drugs are offered to women who are pregnant without warnings of the possibility of birth defect. This is especially the case with antidepressants such as Prozac and Zoloft.
Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. His practice is centered around cases involving the occurrence birth defects resulting from parental exposure to toxic chemicals, which includes 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.
