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Birth Defect Litigation
Certain injuries are beyond the parents of their control. Families could be faced with huge bills when these injuries require costly procedures and specialized care.
A New York birth defect attorney can assist parents who are shocked to file claims to obtain compensation for future expenses. The law has strict time limitations on when a claim can be filed.
Statute of limitations
Modern technology and medical advances have helped reduce the risks that come with childbirth and pregnancy. However, birth defects and injuries can still occur. Families should consider their legal options when they can be prevented.
Many birth defect lawsuits are founded on allegations of medical malpractice. birth defect lawsuit colorado could involve mistakes made by doctors or nursing staff at any point during labor, pregnancy and birth. Additionally medical professionals can be guilty of medical malpractice following the birth of a child in the event that they fail to provide proper treatment.
In general, the statutes of limitation for these cases are 2.5 years after the date of the medical error. The time frame can be extended for infants. However, it is essential to seek legal advice as soon as possible to ensure that all evidence has been collected and that a timely claim be filed.
In addition to medical malpractice, a suit may also be filed on behalf of a baby for birth defects caused by improper exposure to chemicals and toxic substances that occur during a mother's pregnancy. Lawyers specially trained in birth defects can investigate the claims and then prosecute them on behalf of the family.
Parents should take into consideration the following aspects when choosing an attorney to represent them in a lawsuit for birth injury or defect:
Medical Malpractice
Birth defects can lead to various mental and physical ailments. Some birth defects can cause death. Some of these problems are caused by genetics, while others are caused by exposure to the environment or the use of prescription drugs during pregnancy.
A doctor or medical professional could be convicted of malpractice when they cause birth defects by their actions or inaction. These cases typically involve medical negligence during labor or delivery. They can also include any act of failure to act which falls below a standard of medical care, for example, failing to diagnose an illness or prescribing incorrect medication during pregnancy.
One of these cases involves the teratogens. These medications can cause serious birth defects. During pregnancy, doctors usually advise women to stay clear of this medication, which is utilized to treat seizures. If women are exposed to the drug, she must submit an insurance claim.
It is important to choose an attorney with experience handling these kinds of cases. You should look for an attorney who has experience in this field and works on contingency, so you don't pay anything until you are successful. Also, search for an attorney with excellent negotiation and communication skills. This will help ensure that you submit your claim before the time limit expires.
Prescription Drugs
Many birth defects lead to physical or mental disabilities, that require costly medical treatment and accommodations for the child. These issues are often genetic, but can also be caused by environmental or chemical exposure or medication taken by the mother during pregnancy.
Drug makers are required to test their products correctly and warn the public of any potential risks. Sadly certain pharmaceutical companies do not keep up with the latest research or anticipate the potential adverse effects. Furthermore, doctors may prescribe dangerous drugs to their patients as well as some women do not receive adequate information on the risks associated with taking certain drugs during pregnancy. These drugs, also known as teratogens may cause birth defects, including spina-bifida that can occur in the fetus.
Other substances that may cause birth defects are chemicals employed in the production and agricultural industries as well as heavy metals, like mercury, which are contaminating the air or groundwater. Diane Paolicelli's legal profession has been focused on fighting powerful corporations that expose women to harmful substances and chemicals that can damage their reproductive health or cause birth defects.
If you decide to file an action against the parties that are accountable for your child's health it is crucial to gather as much evidence as possible. This includes ultrasound scans, blood tests and medical bills incurred as a result of the birth defect. This information helps the attorney determine the worth of the case.
Product Liability
Pregnancy can be one of the most exciting, but anxious experiences of women's lives. It's also a time when many medical professionals can make mistakes that cause birth defects. A top attorney can assist parents in filing a claim and obtaining the compensation they deserve against the people responsible for the disabilities of their child.
Although the causes of birth defects are often not understood by medical professionals however, many of them can be linked to environmental or chemical exposure. This can include parental exposure to toxic chemicals in the workplace such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used for spraying for crops and pesticides.
Additionally, the manufacturers and those who prescribe prescription medicines have a responsibility to inform consumers of the dangers. A significant portion of these drugs are marketed to women who are pregnant, without warnings of the potential for birth defects. This is particularly 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. He focuses his practice on cases where birth defects result from parental exposure to toxic chemical, such as those employed in semiconductor manufacturing or agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.
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