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Birth Defect Litigation
Parents want perfect children However, some accidents happen out of their control. Families can be left with huge debts when these injuries require costly procedures and special treatment.
A New York birth defect lawyer can assist parents who are shocked to file an appeal and obtain compensation to cover future expenses. However, the law places strict deadlines when a claim should be filed.
Statute of limitations
Modern medical technology and advancements in medical science have made it possible to reduce the risks associated with pregnancy, childbirth and birth. However, birth defects and injuries can still occur. When they are preventable, families should consider their legal options.
Many birth defect suits are made on the basis of allegations that medical malpractice occurred. These cases can involve errors committed by nurses or doctors at any point in the pregnancy, labor and delivery procedures. Additionally, medical professionals can commit medical malpractice following the birth of a baby if they fail to provide the correct treatment.
Generally speaking, the time limit for these cases is 2.5 years from the date of the incident of medical malpractice. This time period can be extended for infants. But, it is crucial to seek legal counsel immediately to ensure that all evidence is obtained and that a timely claim be filed.
A lawsuit can be filed on behalf of a child to claim birth defects caused by chemical and toxic exposures during pregnancy. Specially trained birth defect lawyers can investigate and prosecute these claims on behalf of the family.
When choosing an attorney for a birth defect or birth injury lawsuit parents should look for the following qualities:
Medical Malpractice
Birth defects can lead to a variety of physical and mental problems. Certain birth defects can be fatal. Some of these issues are genetic, but others are caused by environmental exposures or the use of prescribed drugs during pregnancy.
A doctor or medical professional could be convicted of malpractice when they cause birth defects by their actions or inaction. The most common cases involve medical negligence during the birth or labor process. However, they can comprise any act or failure to act that falls short of the medical standard of care, such as failing to diagnose a condition or prescribing the wrong medicine during pregnancy.
One example of this type of situation is a drug known as teratogens, which could cause serious birth defects. Doctors typically advise women 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.
birth defect attorney elizabeth is important to choose an attorney with experience handling these types of cases. You should look for an attorney who has expertise in this area and is based on contingency, meaning that you won't have to pay nothing until you win. Also, you should look for an attorney with excellent negotiation and communication skills. This will help ensure that you file your claim before the time limit expires.
Prescription Drugs
Many birth defects result in physical or mental disabilities that require costly medical treatment and accommodations for the child. These disorders are usually genetic, but can also be caused by chemical or environmental exposure or medication taken by the mother during pregnancy.
Drug makers are required to ensure that their products are tested properly and warn the public of any potential dangers. Unfortunately certain pharmaceutical companies do not keep up with the latest research or anticipate possible side effects. Moreover, doctors may prescribe dangerous medications to their patients as well as some women do not receive the correct information regarding the risks associated with taking certain drugs during pregnancy. These drugs are referred to as teratogens. They can cause birth defects within the fetus including spina bifida.
Other substances that can cause birth defects are chemicals used in the agricultural and manufacturing industries, and heavy metals like mercury which contaminate air or groundwater. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women to toxic chemicals and other substances that damage their reproductive health and lead to birth defects.
It is crucial to collect as much evidence as you can prior to filing a suit against the parties responsible. This includes any ultrasound images, blood tests, and medical bills that arose as a result of the birth defect. This will help the attorney determine the financial worth of the case.
Product Liability
Pregnancy is among the most thrilling and stressful events in a woman's lifetime. It's also a time where medical professionals can make mistakes that cause birth defects. A top lawyer can assist parents in submitting a claim and obtaining the money they deserve from those responsible for the disability of their child.
Medical professionals aren't always able of determining the exact cause of birth defects, but most of them can be caused by environmental or chemical exposure. This may include contact by parents with toxic chemicals at the workplace, for example solvents and glycol ethers used in semiconductor manufacturing, and agricultural chemicals used for pesticides and crop spraying.
In addition, the manufacturer and the people who prescribe prescription medications are required to inform people of their risks. Yet, a large percentage of these drugs are sold off-label to women who are pregnant age, without warnings about the potential for birth defects. This is especially true for antidepressants like Prozac and Zoloft.
Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. He focuses his practice on cases where birth defects result from exposure to toxic chemicals by parents such as those that are employed in semiconductor manufacturing or agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.
