Birth Defect Litigation
Some injuries are beyond the parents or their control. Families may be left with huge debts when these injuries require expensive procedures and specialized care.
A New York birth defect lawyer can assist parents who are shocked to file an appeal and obtain compensation to pay for future expenses. However, the law places strict deadlines when a claim needs to be filed.
Statute of limitations
Modern technology and medical advancements have helped to reduce the risks associated with childbirth and pregnancy. However, birth defects and injuries still occur. If they’re preventable families must consider their legal options.
Many wilmington birth defect attorney defect suits are based on accusations of medical malpractice. These cases can involve mistakes committed by nurses or doctors personnel at any stage of labor, birth and pregnancy. In addition medical professionals may be guilty of medical malpractice after the birth of a baby if they fail to provide the proper treatment.
In general, the statutes of limitations for these cases is 2.5 years from the date of the medical negligence. For infants, this time is sometimes extended. It is essential to talk with an attorney whenever you can to ensure that all evidence is gathered and that a timely complaint can be filed.
A lawsuit may be filed on behalf of a baby for birth defects caused by chemical and toxic exposures during pregnancy. Specially trained birth defects lawyers can look into these claims and prosecute them on behalf of the family.
Parents should consider the following characteristics when choosing an attorney to represent them in a lawsuit for birth defects or injuries:
Medical Malpractice
Birth defects can cause various physical and mental problems. Some birth defects can cause death. Some of these issues may be caused by genetics, while others are caused through exposure to the environment or prescription drugs taken during pregnancy.
A doctor or medical professional may be accused of malpractice when they cause birth defects as a result of their actions or inaction. These cases typically involve medical negligence during labor or delivery. They also encompass any other do something that is below the standard of medical treatment, for instance, failing to diagnose an illness or prescribing incorrect medication during pregnancy.
One example of case involves a medication called teratogens, which can cause birth defects that are serious. Doctors typically advise women to take this medication during pregnancy. It is used to treat seizures. If a pregnant woman is exposed to this drug, she should make a claim.
It is crucial to select an attorney with experience handling these kinds of cases. Find a law firm that specializes in this area and works on an on a contingency basis, meaning you don’t have to pay any fees unless you win. Also, search for an attorney who has strong negotiation and communication skills. This will ensure that you submit your claim before the statute of limitations expires.
Prescription Drugs
Many birth defects result in mental or physical disabilities that require expensive medical treatment and accommodations for the child. These problems are usually genetic, but can also be caused by chemical or environmental exposure or the use of medications by the mother during pregnancy.
Drug manufacturers are required to ensure that their products are tested properly and warn the public of any risks that could be present. Unfortunately, some pharmaceutical companies fail to keep up with research or anticipate possible side consequences. Furthermore, doctors may prescribe dangerous drugs to patients, and some women do not get proper information about the risks associated with taking certain medications during pregnancy. These drugs, referred to as teratogens can cause birth defects, like spina-bifida that can occur in the fetus.
Other substances that can cause birth defects include chemicals used in manufacturing and agriculture in addition to heavy metals like mercury, which are contaminating the air or groundwater. Diane Paolicelli’s legal career has been dedicated to combating powerful corporations that expose women to toxic chemicals and substances that can harm their reproductive health or lead to birth defects.
If you are filing a lawsuit against the parties responsible for your child’s condition it is crucial to gather the most evidence you can. Included in this are any ultrasound images and blood tests as well as medical bills that are incurred as a result. This information helps the attorney to determine the worth of the case.
Product Liability
Pregnancy can be one of the most exciting, but nerve-wracking experiences in a woman’s lifetime. But it’s also a time when many medical professionals make mistakes that can cause birth defects. A reputable attorney can assist parents in filing an action and obtaining the compensation they deserve from those responsible for the disability of their child.
Medical experts are not always able determine the specific cause of birth defects, but most of them can be caused by environmental or chemical exposure. This can be due to exposure by parents to toxic chemicals at work such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used in pesticides and crop spraying.
Furthermore, manufacturers and those who prescribe prescription drugs are required to inform consumers of the dangers. A large number of these drugs are offered to women who are pregnant without warnings about the risk of Torrington Birth Defect Law Firm defect. This is particularly relevant 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. His practice focuses on cases involving the development of birth defects due to exposure of parents to toxic chemicals, such as the ones used in semiconductor manufacturing and agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.