The Leading Reasons Why People Perform Well With The Birth Defect Legal Industry
Birth Defect Litigation
Parents want perfect babies, but some injuries happen beyond their control. When injuries require specialized treatment and costly procedures, it can cause families to incur huge costs.
A New York birth defect attorney can assist parents shocked to file an appeal to be compensated for future expenses. However, the law puts strict time limitations on when a claim needs to be filed.
Statute of limitations
Modern technology and medical advancements have made it possible to reduce the risks related to pregnancy, childbirth and birth. However, birth defects and injuries can still occur. Families should consider their legal options if they are preventable.
Many birth defect lawsuits stem from allegations of medical malpractice. These lawsuits can result from mistakes made by doctors or nursing personnel at any stage of labor, birth and pregnancy. Medical professionals can also be guilty of malpractice following the birth of a child if they fail provide proper treatment.
In general, the statutes of limitations in these cases are 2.5 years from the date of the medical negligence. The time frame may be extended for infants. However, it is important to seek legal counsel early enough to ensure that all evidence is obtained and that a timely claim be filed.
In addition to medical malpractice, a lawsuit may also be filed on behalf of a baby for birth defects resulting from improper exposure to chemicals and toxic substances that occur during the mother's pregnancy. Specially trained birth defect lawyers can investigate and pursue these claims on behalf of the family.
When choosing an attorney to represent them in a birth injury or defect lawsuit, parents should look for the following qualities:
Medical Malpractice
Birth defects can cause numerous mental or physical problems. Some of them can be fatal. Some of these problems are caused by genetics, while others are caused by exposure to the environment or the use of prescribed drugs during pregnancy.
A medical professional or doctor could be convicted of malpractice if they cause a birth defect through their actions or inaction. The most common cases involve medical negligence during the birth or labor process. However, they can include any act or failure to act in excess of the medical standard of care, like not diagnosing a medical condition or prescribing the wrong medication during pregnancy.
One example of case involves a medication known as teratogens, which could cause birth defects that are serious. Doctors usually advise women not to take this medication during pregnancy. It is used to treat seizures. If a pregnant woman is exposed to this drug, she should submit a claim.
It is crucial to select an attorney with experience handling these kinds of cases. Choose a law firm that specializes in this area and operates on the basis of a contingent fee, which means you don't pay anything unless you are successful. Find an attorney who has excellent communication and negotiation skills. This can help ensure that your claim is filed before the time for filing expires.
Prescription Drugs
Many birth defects cause mental or physical disabilities which require expensive medical care and accommodations for the child. These conditions are often caused by genetics, but can also be caused by chemical or environmental exposure or medication taken by the mother during pregnancy.
Drug manufacturers are required to thoroughly test their products and inform consumers of any risks. Unfortunately certain pharmaceutical companies fail to keep up with research or anticipate possible side consequences. Some doctors prescribe dangerous drugs to their patients. Some women are not aware of the risks of taking certain medications while pregnant. These drugs, known as teratogens, can cause birth defects such as spina-bifida that can occur in the fetus.
Other substances that may cause birth defects are chemicals that are used in manufacturing and agriculture in addition to heavy metals like mercury that are contaminating air or groundwater. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations which expose women to harmful chemicals and other substances that damage their reproductive health and lead to birth defects.
When bringing lawsuits against the people that are accountable for your child's health, it is important to gather the most evidence you can. This includes any blood tests, ultrasound images, and medical bills incurred because of the birth defect. This information will help the attorney determine the value of the case.
Product Liability
Pregnancy is among the most exciting, yet nerve-wracking experiences in the life of a woman. However, it's also a time where many medical professionals make mistakes that can lead to birth defects. A top attorney can help parents make a claim against those responsible for their child's disability and obtain the justice they deserve.
Medical professionals aren't always able to determine the root of birth defects, but the majority of them can be attributable to environmental or chemical exposure. birth defect attorney elizabeth could include exposure of parents to harmful chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, as well as agricultural chemicals used in spraying for crops and pesticides.
The pharmaceutical companies and those who prescribe medicines also have a duty to inform the public about the dangers of their products. A large portion of these medications are sold to women who are pregnant, without warnings of the potential for birth defects. This is particularly relevant for antidepressants like Prozac and Zoloft.
Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. He concentrates his practice on cases involving the development of birth defects caused by parental exposure to toxic chemicals, which includes those used in semiconductor manufacturing and agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.