Are You Making The Most From Your Birth Defect Legal?
Birth Defect Litigation
Certain injuries are beyond the parents or their control. Families can be left with huge debts when these injuries require expensive procedures and special treatment.
A New York birth defect attorney can assist parents who are in shock file a claim to get compensation for future expenses. The law has strict deadlines on when a claim may be filed.
Statute of Limitations
Modern technology and medical advancements have helped to reduce the risks of childbirth and pregnancy. However birth defects and injuries do occur. If they're preventable families must consider their legal options.
Many birth defect lawsuits are based on allegations of medical malpractice. These cases could involve mistakes made by doctors or nurses at any point during the birth, labor and delivery procedures. In addition medical professionals could be guilty of medical malpractice following the birth of a child, in the event that they fail to provide proper care.
In general, the statutes of limitations in these cases are 2.5 years from the date of the medical error. For infants, this time period may be extended. However, it is essential to seek legal counsel as soon as possible to ensure that all evidence is collected and that a timely claim be filed.
In addition to medical malpractice, a lawsuit may 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. Specially trained birth defect lawyers can investigate these claims and bring them to trial on behalf of the family.
When selecting an attorney for a birth injury or defect lawsuit parents should be looking for the following qualities:
Medical Malpractice
Birth defects can lead to an array of mental or physical ailments. Some of them can be fatal. Certain of these problems could be genetic while others are caused through exposure to the environment or prescription medications used during pregnancy.
Medical professionals or doctors may be accused of malpractice when they cause birth defects as a result of their actions or inaction. The most common cases involve medical negligence during labor or delivery. They also encompass any perform a task that is not within the standard of medical care, like the failure to diagnose an illness or prescribing incorrect medication during pregnancy.
One of these cases involves the teratogens. These medications can lead to birth defects that are serious. During birth defect lawyer pompano beach , doctors usually advise women to avoid taking this medication, which is used in the treatment of seizures. If a pregnant woman is exposed to this medication, she must file an insurance claim.
It is important to select an attorney who has experience in handling these types of cases. Choose a law firm that specializes in this field and operates on the basis of a contingent fee, which means you don't have to pay any fees unless you succeed. Look for an attorney with an excellent ability to communicate and negotiate. This will help ensure that you make your claim in time before the statute of limitation expires.
Prescription Drugs
A lot of birth defects can cause mental or physical disabilities which require expensive medical care and accommodations for the child. These disorders are usually caused by genetics, but can also be caused by chemical or environmental exposure or the use of medications by the mother during pregnancy.
Drug manufacturers have an obligation to test their products thoroughly and warn consumers of any risks. Unfortunately, some pharmaceutical companies are not keeping up to date with the latest research or fail to anticipate possible adverse consequences. Certain doctors prescribe dangerous drugs to their patients. Moreover, some women aren't aware of the risks associated with taking certain drugs while pregnant. These drugs, known as teratogens, may cause birth defects such as spina-bifida, in the fetus.
Other substances that could cause birth defects include chemicals used in agriculture and manufacturing as well as heavy metals such as mercury, which are contaminating the groundwater or the air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women to toxic chemicals and substances that can harm their reproductive health and lead to birth defects.
If you decide to file lawsuits against the parties responsible for your child's condition it is essential to gather as much evidence as you can. This includes any ultrasound images, blood tests, and medical bills incurred as a result of the birth defect. This information assists attorneys determine the value of the case.
Product Liability
Pregnancy is one of the most exciting and nerve-wracking times in a woman's life. But it's also a period where many medical professionals make mistakes that could cause birth defects. An experienced attorney can help parents to file a claim against the medical professionals who are responsible for their child's disabilities and acquire the amount of compensation they deserve.
While the causes of birth defects are often unknown to medical professionals however, a significant proportion can be linked to exposure to chemicals or environmental causes. 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.
In addition, manufacturers and those who prescribe prescription medicines have a responsibility to warn consumers of the dangers. A majority of these drugs are offered to women who are pregnant, without warnings of the possibility of birth defects. This is particularly relevant for antidepressants like Prozac and Zoloft.
Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defects lawsuits against chemical and pharmaceutical companies. His practice is centered around cases involving the occurrence of birth defects that result from exposure of parents to toxic chemicals, such as those used in semiconductor manufacturing and agriculture. He graduated of the American University in Washington, D.C. and Suffolk University Law School.