Birth Defect Litigation
Parents want their children to be perfect However, some accidents happen outside their control. Families can be left with a large bill when injuries require expensive procedures and special treatment.
A New York birth defect attorney can assist parents who are in shock to file claims to obtain compensation for future expenses. However, the law puts strict deadlines when a claim needs to be filed.
Statute of limitations
Modern technology and medical advancements have helped reduce the risks of childbirth and pregnancy. Birth defects and injuries remain a possibility. If they can be prevented, families must consider their legal options.
Many birth defect lawsuits are made on the basis of allegations that medical malpractice occurred. These lawsuits can result from mistakes made by nurses or doctors staff at any point during labor, pregnancy and birth. In addition medical professionals can be guilty of medical malpractice after the idaho birth Defect Lawsuit of a baby when they fail to provide proper care.
In general, the statutes of limitation for these cases is 2.5 years from the date of the medical mistake. For infants, this period may be extended. It is crucial to consult an attorney immediately to ensure that all the evidence is gathered, and that a timely complaint be filed.
A lawsuit can be filed on behalf of a child to claim birth defects that are caused by chemical and toxic exposures during the pregnancy. Specially trained birth defect lawyers can investigate and defend these claims on behalf of the family.
When selecting an attorney for a birth injury or defect lawsuit parents should consider the following characteristics:
Medical Malpractice
Birth defects can trigger a wide range of mental or physical ailments. Some of them can be fatal. Some of these problems may be caused by genetics and others may be caused through exposure to the environment or prescription drugs taken during pregnancy.
A doctor or medical professional may be accused of negligence if they cause a birth defect through their actions or inaction. These cases typically are based on medical negligence during labor or delivery. They may also involve any other perform a task that is not within the standard of medical care, such as not diagnosing an illness or idaho birth Defect lawsuit prescribing the wrong medication during pregnancy.
One example of this type of situation involves a drug known as teratogens, which could cause serious birth defects. When pregnant, doctors usually advise women to avoid taking this medication, which is used in the treatment of seizures. If a pregnant woman is exposed to this drug, she should file a claim.
It is vital to select an attorney with expertise in these kinds of cases. Look for a law firm that is specialized in this field and operates on a contingency basis, so you don’t pay anything unless you get the case won. Choose an attorney with outstanding negotiation and communication skills. This will ensure that you submit your claim before the time limit expires.
Prescription Drugs
Many birth defects cause mental or physical disabilities that require costly medical treatment and accommodations for the child. Often, these conditions are genetically inherited, but some of them are caused by chemical or environmental exposure, or by medications the mother was taking during pregnancy.
Drug manufacturers are required to test their products thoroughly and warn the public of any potential risks. Unfortunately, some pharmaceutical companies do not keep up-to-date with the latest research or fail to anticipate potential adverse consequences. Certain doctors prescribe dangerous drugs to their patients. Some women are not aware of the dangers associated with taking certain drugs while pregnant. These medications, also known as teratogens may cause birth defects, such as spina-bifida, in the fetus.
Other substances that could cause birth defects are chemicals used in the agricultural and manufacturing industries, as well as heavy metals like mercury which contaminate air or groundwater. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations which expose women to harmful chemicals and substances that can damage their reproductive health and cause birth defects.
If you are filing an action against the parties that are accountable for your child’s health it is essential to gather the most evidence you can. This includes ultrasound images, blood tests and medical bills that arise as a result of the birth defect. This assists the attorney in determining the financial worth of the case.
Product Liability
Pregnancy is among the most exciting and nerve-wracking experiences in the life of a woman. However, it’s also a time where many medical professionals make mistakes that can cause birth defects. An experienced attorney can assist parents make a claim against those responsible for their child’s condition and obtain the proper compensation they’re entitled to.
Medical experts are not always able determine the root of birth defects, however most of them can be attributed to chemical or environmental exposure. This can be due to exposure by parents to toxic chemicals in the workplace such as solvents and glycol ethers in semiconductor manufacturing, as well as agricultural chemicals used in spraying crops and pesticides.
The manufacturers and the people who prescribe medicines also have a duty to warn people about the dangers. However, a significant portion of these drugs are sold off-label to women of childbearing age without adequate warnings about the potential for birth defects. This is particularly true for antidepressants like Prozac and Zoloft.
Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. He concentrates his practice on cases where birth defects are caused by exposure of parents to toxic chemicals like those employed in semiconductor manufacturing or agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.