Parents want their children to be perfect however, there are some injuries that occur beyond their control. When these injuries require special treatment and costly procedures, it could cause families to be faced with massive costs.
A New York birth defect attorney can help parents grieving and file claims to obtain compensation for future expenses. The law has strict time limitations on when claims can be filed.
Statute of limitations
Modern medical technology and advancements in medical science have aided in reducing the risks related to pregnancy, childbirth and birth. However, birth defects and injuries continue to occur. If they're preventable, families should consider their legal options.
Many birth defect lawsuits are based upon allegations of medical malpractice. These cases could involve mistakes made by doctors or nurses at any point during the labor and birth procedures. In addition, medical professionals can commit medical malpractice following the birth of a child if they fail to provide the correct treatment.
Generally speaking, the statute of limitations in these cases is 2.5 years from the date of the incident of medical negligence. This time frame is extended for infants. It is essential to speak with a lawyer immediately to ensure that all evidence is collected, and that a timely complaint can be filed.
A lawsuit may be filed on behalf of a child for birth defects that are caused by toxic and chemical exposures during the pregnancy. Lawyers specially trained in birth defects 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 result in an array of mental or physical issues. Some birth defects can be fatal. Some of these problems are inherited, birth Defect Lawsuits while others are caused by exposure to the environment or the use of prescription drugs during pregnancy.
A medical professional or doctor may be accused of negligence when they cause birth defects by their actions or inaction. These cases usually involve medical negligence during the birth or labor process. They may also involve any perform a task that is not within the standard of medical care, for example not diagnosing an illness or prescribing the wrong medication during pregnancy.
One example is involving teratogens. These drugs can cause birth defects that are serious. When pregnant, doctors usually advise women to stay clear of this medication, which is commonly used to treat seizures. If an individual is exposed to the drug she must file an action.
It is vital to select an attorney with previous experience in these cases. You should seek out an attorney with expertise in this area and is on contingency, which means you don't have to pay any fees until you win. Find an attorney who has an excellent ability to communicate and negotiate. This will help ensure that your claim is filed before the statute of limitations expires.
Prescription Drugs
A lot of birth defect lawyers defects can cause physical or mental disabilities, that require costly medical treatment and accommodations for the child. These conditions are often genetic, but can also be caused by chemical or environmental exposure or medications taken by the mother during pregnancy.
Drug makers are required to thoroughly test their products and inform consumers of any potential risks. Unfortunately, some pharmaceutical companies fail to keep up with research or foresee potential side consequences. In addition, doctors can prescribe dangerous drugs to their patients as well as some women do not get proper information about the dangers of taking certain drugs during pregnancy. These drugs, also known as teratogens, can cause birth defects such as spina-bifida in the fetus.
Other substances that could cause birth defects are the chemicals used in the agricultural and manufacturing industries, as well as heavy metals such as mercury that pollute groundwater and air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women chemicals and substances that could damage their reproductive health and cause birth defects.
It is crucial to gather as many evidences as you can before making a claim against the parties accountable. Included in this are ultrasound images or blood tests, as well as medical bills incurred due to. This information assists the attorney assess the value of the case.
Product Liability
Pregnancy is among the most exciting and nerve-wracking times in a woman's life. But it's also a time where medical professionals often make mistakes that could lead to birth defects. An experienced attorney can assist parents make a claim against those responsible for their child's disability and get the justice they deserve.
Medical experts aren't always able to determine the specific cause of birth defects, however a large number can be attributable to 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, Birth defect lawsuits and agricultural chemicals used in pesticides and crop spraying.
Additionally, the manufacturers and those who prescribe prescription drugs must inform people of their risks. Yet, a large percentage of these drugs are marketed off-label for women of childbearing age without proper warnings about the potential for birth defects. This is especially the case with antidepressants such as 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 where birth defects are caused by exposure to toxic chemicals in the home by parents like those used in the manufacture of semiconductors or in agriculture. He graduated of the American University in Washington, D.C. and Suffolk University Law School.
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Are You Getting The Most You Birth Defect Legal?
