15 Reasons To Not Ignore Birth Defect Legal
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Some injuries are out of the parents or their control. Families may be left with huge debts when these injuries require expensive procedures and special attention.
A New York birth defect lawyer can help stunned parents file an appeal and obtain compensation to cover the cost of future expenses. The law has strict time limitations on when claims can be filed.
Statute of Limitations
Modern technology and medical advancements have helped to reduce the risks associated with pregnancy and childbirth. However, birth defect lawsuit defects and injuries continue to occur. Families must consider their legal options if they are preventable.
Many birth defect lawsuits are based upon allegations of medical malpractice. These lawsuits can be based on mistakes made by doctors or nurses at any time during the pregnancy, labor and delivery processes. Medical professionals may also be guilty of malpractice following the birth of a baby when they fail to provide the proper treatment.
In general, the statutes of limitations in these cases are 2.5 years after the date of the medical mistake. For infants, the time period can be extended. It is essential to talk with a lawyer immediately to ensure that all evidence is gathered, and that a timely complaint can be filed.
In addition to medical malpractice, a lawsuit may also be filed on behalf of a baby for birth defects that result from wrongful exposure to chemicals and toxic substances that take place during the mother's pregnancy. Lawyers specially trained in birth defects can investigate and prosecute these claims on behalf of the family.
Parents should consider the following qualities when selecting an attorney to represent them in a suit for birth defects or injuries:
Medical Malpractice
Birth defects can lead to numerous mental or physical problems. Some birth defect attorneys defects can cause death. Some of these issues are inherited, while others are caused by exposure to the environment or the use of prescribed drugs during pregnancy.
A doctor or medical professional could be convicted of malpractice if they cause birth defects through their actions or inaction. The most common cases involve medical negligence during the birth or labor process. However, they can also be a result of any action or failure to act that is not in the range of a medical standard of care, for instance, failing to diagnose a problem or prescribing the wrong medicine during pregnancy.
One example of situation involves a drug called teratogens. This medication can cause serious birth defects. Doctors typically advise women to take this medication during pregnancy. It is used to treat seizures. If an individual is exposed to the drug, it is recommended that she make an insurance claim.
It is essential to choose an attorney who has expertise in these kinds of cases. Find a firm that specializes in this area and operates on a contingency basis, so there is no cost unless you succeed. Look for an attorney with an excellent ability to communicate and negotiate. This will help ensure that your claim is filed before the time limit expires.
Prescription Drugs
Many birth defects result in mental or physical disabilities, which require costly medical care and accommodations for the child. The majority of these problems are genetic, but some of them can be caused by chemical or environmental exposure, or medications that the mother consumed during pregnancy.
Pharmaceutical companies are required to test their products properly and warn the public of the potential dangers. Sadly some pharmaceutical companies do not keep up with the latest research or foresee potential side effects. Some doctors prescribe dangerous drugs to their patients. Some women are not informed about the dangers associated with taking certain medications while pregnant. These are known as teratogens. They can cause birth defects in the fetus including spina bifida.
Other substances that can cause birth defects are the chemicals used in the manufacturing and agricultural industries, and heavy metals such as mercury that pollute groundwater and air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women to harmful chemicals and substances that could damage their reproductive health and cause birth defects.
It is important to collect as many evidences as you can prior to filing a suit against the parties accountable. Included in this are any ultrasound images or blood tests, as well as medical bills that are incurred as a result. This information can help the attorney determine the worth of the case.
Product Liability
Pregnancy can be one of the most exciting, yet nerve-wracking experiences in women's lives. However, it's also a time when medical professionals can make mistakes that can cause birth defects. A reputable attorney can assist parents in filing an action and obtaining the amount they deserve from those responsible for the disability of their child.
Although the causes of birth defects are often not understood by medical professionals but a large proportion of birth defects are linked to exposure to chemicals or environmental causes. This could include contact from parents with toxic chemicals in the workplace, such as glycol ethers and solvents that are used in semiconductor manufacturing, and agricultural chemicals used for pesticides and spraying on crops.
The pharmaceutical companies and those who prescribe medications must also warn people about the dangers. However, a lot of these drugs are offered off-label to women of childbearing age, without warnings about the risk of birth defects. This is especially applicable to antidepressants, such as 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 is centered around cases involving the development of birth defects that result from exposure of parents to toxic chemicals, which includes the ones used in semiconductor manufacturing and agriculture. He is a graduate of the American University in Washington, D.C. and Suffolk University Law School.
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