Howard McMahan asked 2 months ago
Birth Defect Litigation
Some injuries are beyond the parents or their control. Families can be left with a huge bill when injuries require costly procedures and special treatment.
A New York birth defect attorney can assist parents who are grieving and file claims to obtain compensation for future expenses. However, the law puts strict deadlines for the time a claim has to be filed.
Statute of Limitations
Modern technology and medical advancements have helped to reduce the risks of childbirth and pregnancy. Birth defects and injuries still occur. Families must consider their legal options when they are preventable.
Many birth defect lawsuits are founded on allegations of medical malpractice. These cases could involve mistakes committed by nurses or doctors staff at any point during pregnancy, labor and birth. Additionally, medical professionals can commit medical malpractice after a child’s birth when they fail to provide the proper treatment.
In general, the statutes of limitations for these cases is 2.5 years after the date of the medical negligence. The time frame is extended for infants. It is important to consult a lawyer whenever you can to ensure that all the evidence is collected and that a timely complaint be filed.
In addition to medical malpractice, a suit could also be filed on behalf of a baby for birth defect lawsuit defects that result from wrongful exposure to chemicals and toxic substances that take place during the mother’s pregnancy. Specially trained birth defect lawyers can investigate and prosecute these claims on behalf of the family.
When choosing an attorney for a birth injury or defect lawsuit parents should look for the following characteristics:
Medical Malpractice
Birth defects can lead to numerous mental or physical problems. Some of them could be fatal. Some of these issues could be genetic while others are triggered by exposure to environmental factors or prescription medications used during pregnancy.
Medical professionals or doctors could be accused of malpractice when they cause birth defects as a result of their actions or inaction. Most cases involve medical negligence during labor or delivery. However, they could also comprise any act or failure to act in excess of a medical standard of care, like failing to diagnose a condition or prescribing the wrong medicine during pregnancy.
One example of this type of situation involves a drug called teratogens. It can cause birth defects that are serious. During pregnancy, doctors usually advise women to stay clear of this medication, which is commonly used in the treatment of seizures. If women are exposed to the drug, then she must submit an action.
It is important to choose an attorney who is experienced in handling these types of cases. Find a law firm that has a specialization in this field and operates on a contingency basis, so you don’t have to pay any fees unless you win. Look for an attorney with an excellent ability to communicate and negotiate. This will ensure that you submit your claim before the time for filing expires.
Prescription Drugs
Many birth defects lead to mental or physical disabilities that require expensive medical treatment and accommodations for the child. These conditions are often caused by genetics, but can also be caused by chemical or environmental exposure or medications taken by the mother during pregnancy.
Drug makers 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 are not keeping up-to-date with current research or fail to anticipate potential side consequences. Furthermore, doctors may prescribe dangerous drugs to patients, and some women do not receive the correct information regarding the risks associated with taking certain drugs during pregnancy. These drugs are known as teratogens, and they can cause birth defects within the fetus, such as spina bifida.
Other substances that can cause birth defects are the chemicals used in the agricultural and manufacturing industries, and heavy metals like mercury, which can contaminate groundwater or air. Diane Paolicelli’s legal career has been focused on fighting powerful corporations who expose women to harmful substances and chemicals that can harm their reproductive health or lead to birth defects.
It is crucial to gather as all evidence you can before filing a suit against the responsible parties. This includes ultrasound images, blood tests and medical bills that arose due to the birth defect. This information assists the attorney assess the value of the case.
Product Liability
Pregnancy can be one of the most exciting, and nerve-wracking experiences in the life of a woman. It’s also the time when many medical professionals can make mistakes that can lead to birth defects. A top attorney can assist parents in filing an action and obtaining the amount they deserve from those responsible for the disability of their child.
Medical experts are not always able of determining the exact cause of birth defects, however a large number can be caused by environmental or chemical exposure. This can be due to exposure by parents to toxic chemicals at work such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used in spraying crops and pesticides.
The manufacturers and the people who prescribe medication also have a duty to inform the public about the risks. However, a lot of these drugs are sold off-label to women of childbearing age without proper warnings about the possibility of birth defects. This is especially the case with antidepressants such as Prozac and Zoloft.
Christian Uehlein is a partner with Thornton Law Firm. He 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 used in semiconductor manufacturing or farming. He graduated from the American University in Washington, D.C. as well as Suffolk University Law School.