10 Undeniable Reasons People Hate Birth Defect Legal
Birth Defect Litigation
Parents want perfect babies However, some injuries occur beyond their control. Families can be left with huge debts when these injuries require costly procedures and special attention.
A New York birth defect attorney can help parents who are grieving and file a claim to get compensation for future expenses. However, the law places strict deadlines when a claim must be filed.
Statute of Limitations
Modern medical technology and advances have reduced the risks associated with pregnancy, childbirth and birth. Birth defects and injuries remain a possibility. If they're preventable families need to explore their legal options.
Many birth defect lawsuits are based upon allegations of medical malpractice. These cases can involve errors made by doctors or nurses at any point in the pregnancy, labor and delivery procedures. Additionally, medical professionals can commit medical malpractice following the birth of a baby by failing to provide proper treatment.
Generally, the time limit for these cases is 2.5 years from the date of the incident of medical negligence. The time frame may be extended for infants. However, it is important to seek legal counsel as soon as possible to ensure that all evidence is gathered and that a timely claim can be filed.
In birth defect lawsuit mesquite to medical malpractice, a suit can also be brought on behalf of an infant for birth defects caused by improper exposure to chemicals and toxic substances that occur during the mother's pregnancy. Lawyers specially trained in birth defects can investigate and bring these cases on behalf of the family.
Parents should consider the following characteristics when choosing an attorney to represent them in a lawsuit for birth injury or defect:
Medical Malpractice
Birth defects can lead to a variety of mental and physical problems. Some birth defects may cause death. Some of these issues are inherited, whereas others are due to exposure to environmental factors or the use of prescription drugs during pregnancy.
Medical professionals or doctors can be accused of negligence when they cause birth defects as a result of their actions or inaction. These cases usually are due to medical negligence during labor or delivery. However, they can also comprise any act or failure to act that falls short of a medical standard of care, for instance, not diagnosing a medical condition or prescribing the wrong medication during pregnancy.
One example of case is a medication called teratogens. This medication can cause serious birth defects. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If women are exposed to the drug, then she must submit an insurance claim.
It is important that you choose an attorney with previous experience in these cases. Choose a law firm that specializes in this area, and works on the basis of a contingent fee, which means you don't have to pay any fees unless you get the case won. Also, search for a lawyer with strong negotiation and communication abilities. This will help ensure that your claim is filed before the statute of limitations expires.
Prescription Drugs
Many birth defects cause mental or physical disabilities, which require costly medical care and accommodations for the child. Most often, these disorders are inherited, but a few of them can be caused by environmental or chemical exposure, or the medications the mother consumed during pregnancy.
Drug manufacturers are required to adequately test their products and inform consumers of any risks. Unfortunately, some pharmaceutical companies do not keep up with research or anticipate possible side consequences. Furthermore, doctors may prescribe dangerous drugs to their patients and women may not get proper information about the dangers of taking certain drugs during pregnancy. These drugs are referred to as teratogens, and they can cause birth defects in the fetus, including spina Bifida.
Other substances that can cause birth defects are the chemicals used in the agricultural and manufacturing industries, and heavy metals such as mercury that can contaminate groundwater or air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women to toxic chemicals and substances that could affect their reproductive health and lead to birth defects.
It is crucial to collect as much evidence as you can before making a claim against the parties responsible. This includes any ultrasound scans, blood tests and medical bills incurred because of the birth defect. This helps the attorney establish the financial value of the case.
Product Liability
Pregnancy is one of the most exciting and nerve-wracking moments in a woman's life. But it's also a time when medical professionals can make mistakes that can cause birth defects. A top lawyer can help parents to file a claim against the medical professionals responsible for their child's condition and receive the compensation they deserve.
Medical experts are not always able of determining the causes of birth defects, however many of them can be caused by environmental or chemical exposure. This can include exposure by parents to harmful chemicals at work, such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used for spraying for crops and pesticides.
The pharmaceutical companies and those who prescribe medications are also required to inform the public about the risks. A large number of these drugs are marketed to women who are expecting without warnings about the risk of 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 chemical and pharmaceutical companies. He focuses his practice on cases involving the development of birth defects that result from exposure of parents to toxic chemicals such as the ones used in semiconductor manufacturing and agriculture. He graduated from the American University in Washington, D.C. and Suffolk University Law School.