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Birth Defect Litigation
Parents want perfect children However, some accidents happen outside their control. Families are left with a large bill when injuries require costly procedures and special treatment.
A New York birth defect lawyer can assist parents in filing claims and receive compensation to cover future expenses. However, the law places strict time limitations on the time a claim has to be filed.
Statute of limitations
Modern technology and medical advancements have helped reduce the risks of childbirth and pregnancy. Birth defects and injuries still occur. Families must consider their legal options if they can be prevented.
Many birth defect lawsuits are based on allegations of medical malpractice. These cases could involve mistakes committed by nurses or doctors at any time during the labor and birth processes. Additionally medical professionals can be guilty of medical malpractice following the birth of a child in the event that they fail to provide proper treatment.
Generally speaking, the statute of limitations in these cases is generally 2.5 years from when the act was committed of medical malpractice. For infants, the time can be extended. It is essential to talk with an attorney early enough to ensure that all the evidence is gathered and that a timely complaint can be filed.
A lawsuit may be filed on behalf of a child in relation to birth defects that are caused by toxic and chemical exposures during pregnancy. Lawyers specially trained in birth defects can investigate these claims and bring them to trial 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 lead to an array of mental or physical issues. Some birth defects may cause death. Some of these problems may be caused by genetics while others are triggered through exposure to the environment or prescription medications taken during pregnancy.
A doctor or medical professional may be accused of negligence if they cause birth defects through their actions or inaction. These cases usually involve medical negligence during the birth or labor process. They may also involve any other act which falls below a standard of medical treatment, for instance, failing to diagnose an illness or prescribing incorrect medication during pregnancy.
One such type of case is a medication 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 a pregnant woman is exposed to this drug, she should submit a claim.
It is essential to choose an attorney with experience in these types of cases. You should look for a firm with experience in this field and operates on contingency basis, which means you don't pay anything until you are successful. Also, look for an attorney with excellent communication and negotiation skills. This will ensure that you submit your claim before the statute of limitation expires.
Prescription Drugs
Many birth defects result in mental or physical disabilities that require costly medical treatment and accommodations for the child. Most often, these disorders are genetic, however some of them are caused by chemical or environmental exposure or medication that the mother consumed during pregnancy.
Drug makers are required to adequately test their products and warn consumers of any potential risks. Sadly certain pharmaceutical companies fail to keep up with the latest research or anticipate possible side consequences. Certain doctors prescribe dangerous medications to their patients. Moreover, some women are not aware of the dangers associated with using certain drugs during pregnancy. These drugs, also known as teratogens, may cause birth defects, such as spina-bifida, which is a birth defect in the fe.
Other substances that could cause birth defects include chemicals used in agriculture and manufacturing and 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 could harm their reproductive health or lead to birth defects.
When filing lawsuits against the people responsible for your child's condition, it is important to gather as much evidence as possible. Included in this are any ultrasound images as well as blood tests and medical bills incurred as a result. birth defect attorney memphis will help attorneys determine the value of the case.
Product Liability
Pregnancy is among the most exciting and nerve-wracking events in a woman's lifetime. It's also the time when medical professionals are prone to making mistakes that can lead to birth defects. An experienced attorney can help parents in filing an action and obtaining the amount they deserve from those who are responsible for the impairment of their child.
Medical experts aren't always able determine the exact cause of birth defects, but the majority of them can be caused by environmental or chemical exposure. This can be due to exposure by parents to toxic chemicals in the workplace such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used for crop spraying and pesticides.
Additionally, the manufacturers and those who prescribe prescription drugs have a responsibility to inform patients of the risks. Yet, a substantial portion of these medications are sold off-label to women who are pregnant age without proper warnings about the possibility of birth defects. This is particularly applicable to antidepressants such 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 development of birth defects caused by parental exposure to toxic chemicals such as those in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.
