Herbert Cousins asked 11 months ago
Birth Defect Litigation
Parents want perfect children however, there are some injuries that occur outside of their control. Families may be left with huge debts when these injuries require expensive procedures and special care.
A New York birth defect attorney can assist parents who are in shock to file an appeal to be compensated for future expenses. However, the law puts strict time limitations on when a claim must be filed.
Statute of Limitations
Modern technology and medical advancements have helped to reduce the risks associated with childbirth and pregnancy. However birth defects and injuries can still occur. Families must consider their legal options when they can be prevented.
Many birth defect lawsuits are founded on allegations of medical malpractice. These lawsuits can be based on mistakes committed by nurses or doctors at any point during the labor and delivery processes. In addition medical professionals may be guilty of medical malpractice following the birth of a baby when they fail to provide the proper treatment.
Generally, the time limit for these cases is 2.5 years from when the act was committed of medical negligence. The time frame is extended for infants. However, it is essential to seek legal advice as soon as you can to ensure that all evidence is obtained and that a timely claim be filed.
A lawsuit can be filed on behalf of a child for birth defects caused by chemical and toxic exposures during the pregnancy. Specially trained birth defect lawyers can investigate and pursue these claims on behalf of the family.
When selecting an attorney for a birth defect law firm injury or defect lawsuit parents should consider the following characteristics:
Medical Malpractice
Birth defects can lead to a wide range of mental or physical ailments. Some may even be fatal. Some of these problems are genetic, but others are due to exposure to environmental factors or the usage of prescription drugs during pregnancy.
A doctor or medical professional could be accused of misconduct when they cause birth defects by their actions or inaction. These cases usually involve medical negligence during the birth or labor process. However, they may also include any act or failure to act that is not in the range of a medical standard of care, such as not diagnosing a medical condition or prescribing the wrong medication during pregnancy.
One example involves the teratogens. These medications can cause birth defects that are serious. During pregnancy, doctors typically advise women to avoid taking this medication, which is utilized to treat seizures. If a pregnant woman is exposed to this medication, she must make an insurance claim.
It is crucial to select an attorney who has handled these types of cases. Choose a law firm that has a specialization in this area and operates on the basis of a contingent fee, which means you won’t have to pay a dime unless you succeed. Look for an attorney who has outstanding negotiation and communication skills. This will help to ensure that you file your claim before the statute of limitation expires.
Prescription Drugs
Many birth defects lead to physical or mental disabilities, which require expensive medical care and accommodations for the child. Most often, these disorders are genetic, but some of them can be caused by environmental or chemical exposure, or medications that the mother consumed during pregnancy.
Drug manufacturers have an obligation to ensure that their products are tested properly and warn consumers of any potential risks. Unfortunately some pharmaceutical companies don’t keep up-to-date with current research or fail to anticipate potential adverse consequences. Moreover, doctors may prescribe dangerous drugs to patients and some women do not have adequate information about the risks of taking certain drugs during pregnancy. These drugs are known as teratogens and can cause birth defects in the fetus. This includes spina bifida.
Other substances that can cause birth defects are chemicals used in agriculture and manufacturing, as well as heavy metals, like mercury that are contaminating groundwater or the air. Diane Paolicelli’s career in law has been dedicated to fighting powerful corporations who expose women to harmful substances and chemicals that can cause harm to their reproductive health and lead to birth defects.
It is crucial to gather as much evidence as you can prior to filing a suit against the parties accountable. This includes ultrasound images, blood tests and medical bills incurred as a result of the birth defect lawyer defect. This information helps the attorney assess the worth of the case.
Product Liability
Pregnancy can be one of the most exciting, yet stressful experiences in the life of a woman. It’s also the time when medical professionals make mistakes that result in birth defects. A top lawyer can assist parents in filing claims and getting the compensation they deserve against those responsible for the disability of their child.
While the causes of birth defects are often unknown to medical experts but a large proportion of birth defects can be linked to environmental or chemical exposure. This could be due to contact by parents with toxic chemicals at the workplace, like glycol ethers and solvents that are used in semiconductor manufacturing as well as agricultural chemicals for pesticides and spraying crops.
Furthermore, manufacturers and those who prescribe prescription medications must inform people about the risks. However, a lot of these drugs are marketed off-label to women who are pregnant age without adequate warnings about the risk of birth defects. This is particularly true for antidepressants such as Prozac and Zoloft.
Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defects lawsuits against pharmaceutical and chemical companies. His practice focuses on cases involving the occurrence birth defects due to parental exposure to toxic chemicals, including those in semiconductor manufacturing and agriculture. He is a graduate of the American University in Washington, D.C. and Suffolk University Law School.