Blanche Zelman asked 2 months ago
Birth Defect Litigation
Parents want perfect children However, some injuries occur beyond their control. Families are left with a large bill when injuries require costly procedures and special attention.
A New York birth defect lawyer can assist parents who are shocked to file claims and receive compensation to pay for future expenses. However, the law puts strict deadlines for when a claim must be filed.
Statute of limitations
Modern technology and medical advances have reduced the risks that are associated with childbirth, pregnancy and birth. However, birth defects and injuries can still occur. If they can be prevented, families should consider their legal options.
Many birth defect lawsuits are founded on allegations of medical malpractice. These cases may involve errors made by nurses or doctors personnel at any stage of the birth process, including labor and pregnancy. Additionally medical professionals can be guilty of medical malpractice after the birth of a child if they fail to provide proper care.
Generally, the statute of limitations in these cases is generally 2.5 years from the date of the occurrence of medical malpractice. For infants, this time period can be extended. It is essential to talk with a lawyer early enough to ensure that all the evidence is gathered and that a timely complaint be filed.
In addition to medical malpractice, a suit could also be filed on behalf of an infant for birth defects caused by wrongful toxic and chemical exposures 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 lawsuit for birth defects or injuries:
Medical Malpractice
Birth defects can cause various physical and mental problems. Certain birth defects could cause death. Some of these problems are genetic, but others are caused by environmental exposures or the use of prescription drugs during pregnancy.
A doctor or medical professional could be accused of misconduct if they cause a birth defect through their actions or inaction. These cases typically are based on medical negligence during labor or delivery. However, they could also be a result of any action or failure to act that is not in the range of the 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 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 an individual is exposed to the drug, it is recommended that she make a claim.
It is important that you choose an attorney who has expertise in these kinds of cases. It is best to choose an attorney who has expertise in this area and operates on contingency basis, which means you won’t be charged anything until you win. Additionally, you should choose a lawyer who has excellent negotiation and communication abilities. This will ensure that you make your claim in time before the statute of limitation expires.
Prescription Drugs
Many birth defects result in physical or mental disabilities, which require costly medical care and accommodations for the child. These issues are often genetic, but can also be caused by environmental or chemical exposure or medications taken by the mother during pregnancy.
Drug manufacturers have an obligation to ensure that their products are tested properly and warn consumers of any potential risks. Unfortunately certain pharmaceutical companies fail to keep up-to-date with the latest research or fail to anticipate possible side effects. Certain doctors prescribe dangerous medications to their patients and some women aren’t aware of the dangers associated with taking certain medications while pregnant. These drugs, also known as teratogens, can cause birth defects such as spina-bifida, in the fetus.
Other substances that could cause birth defects include chemicals employed in the production and agricultural industries and heavy metals such as mercury that are contaminating air or groundwater. Diane Paolicelli’s legal career is focused on fighting powerful corporations who expose women to toxic chemicals and substances that may harm their reproductive health or lead to birth defects.
It is essential to gather as much evidence as you can before making a claim against the responsible parties. Included in this are any ultrasound images as well as blood tests and medical bills incurred due to. This assists the attorney in determining the monetary worth of the case.
Product Liability
Pregnancy is among the most thrilling and stressful times in a woman’s life. But it’s also a period where many medical professionals make mistakes that can lead to birth defects. A reputable attorney can assist parents in filing a claim and obtaining the compensation they deserve from those responsible for the handicap of their child.
While the causes of birth defects are often not understood by medical professionals however, many of them can be attributed to exposure to chemicals or environmental factors. This can include parental exposure to toxic chemicals in the workplace such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used in pesticides and crop spraying.
The pharmaceutical companies and those who prescribe medication are also obliged to inform the public about their risks. A large number of these drugs are offered to pregnant women without warnings about the risk of birth 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. He focuses his practice on cases where birth defect law firms defects are caused by parental exposure to toxic chemical, such as those employed in semiconductor manufacturing or agricultural. He is a graduate of the American University in Washington, D.C. and Suffolk University Law School.