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Birth Defect Litigation
Parents want perfect children however, there are some injuries that occur beyond their control. If injuries that result from these accidents require special treatment and costly procedures, it can cause families to incur huge costs.
A New York birth defect attorney can assist parents grieving and file an action to receive compensation for future expenses. However, the law imposes strict time limitations on when a claim needs to be filed.
Statute of limitations
Modern technology and medical advances have helped to reduce the risks of childbirth and pregnancy. Birth defects and injuries persist. Families should consider their legal options if they are preventable.
Many birth defect lawsuits are based upon allegations of medical malpractice. These cases can involve mistakes made by doctors or nursing staff at any point during pregnancy, labor and birth. In addition, medical professionals can commit medical malpractice after a child's birth if they fail to provide proper treatment.
In general, the statutes of limitation for these cases are 2.5 years from the date of the medical malpractice. This time period can be extended to infants. However, it is essential to seek legal counsel as soon as possible to ensure that all evidence is gathered and that a timely claim can be filed.
In addition to medical malpractice, a lawsuit may also be filed on behalf of a baby for birth defects caused by wrongful toxic and chemical exposures that occur during the mother's pregnancy. Lawyers specially trained in birth defects can examine the claims and then prosecute them on behalf of the family.
Parents should take into consideration the following qualities when selecting an attorney to represent them in a lawsuit involving birth defects or birth injuries:
Medical Malpractice
Birth defects can cause various mental and physical issues. Some birth defects may be fatal. Some of these issues 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 malpractice in the event of causing birth defects due to their actions or inaction. These cases usually are due to medical negligence during labor or delivery. However, they can comprise any act or failure to act that falls short of a medical standard of care, like failing to diagnose a problem or prescribing the wrong medication during pregnancy.
One example of situation involves a drug called teratogens. It can cause serious birth defects. During pregnancy, doctors typically recommend women not to take this medication, which is used in the treatment of seizures. If a woman who is pregnant is exposed to this medication, she must make an insurance claim.
It is important that you choose an attorney with expertise in these kinds of cases. Look for a law firm that is specialized in this area and operates on an on a contingency basis, meaning there is no cost unless you win. Additionally, you should choose an attorney who has strong communication and negotiation abilities. This will ensure that your claim is filed before the statute of limitations expires.
Prescription Drugs
Many birth defects cause mental or physical disabilities that require expensive medical treatment 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 adequately test their products and warn consumers of any risks. Unfortunately some pharmaceutical companies don't keep up to date with the latest research or fail to anticipate potential side consequences. Additionally, doctors can prescribe dangerous drugs to their patients as well as some women do not receive adequate information on the risks associated with taking certain medications during pregnancy. birth defect attorneys massachusetts , also known as teratogens, may cause birth defects, like spina-bifida, which is a birth defect in the fe.
Other substances that may cause birth defects are chemicals used in agriculture and manufacturing in addition to heavy metals, like mercury that are contaminating groundwater or air. Diane Paolicelli's career in law has been dedicated to fighting powerful corporations who expose women to harmful chemicals and substances that can harm their reproductive health or lead to birth defects.
When filing an action against the parties accountable for your child's condition, it is important to gather as much evidence as you can. Included in this are ultrasound images or blood tests, as well as medical bills that are incurred as a result. This information will help the attorney determine the value of the case.
Product Liability
Pregnancy is among the most thrilling and stressful events in a woman's lifetime. It's also a time when many medical professionals make mistakes that can cause birth defects. An experienced attorney can help parents make a claim against those responsible for their child's disability and receive the compensation they deserve.
Medical professionals aren't always able to pinpoint the exact cause of birth defects, but a large number can be attributable to environmental or chemical exposure. This may include contact by parents with toxic chemicals at the workplace, like solvents and glycol ethers used in semiconductor manufacturing and chemical pesticides used in agriculture and spraying of crops.
Furthermore, manufacturers and those who prescribe prescription medicines must inform people of their risks. Yet, a substantial portion of these drugs are marketed off-label to women of childbearing age, without warnings about the potential for birth defects. This is particularly applicable to antidepressants such Prozac and Zoloft.
Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. He concentrates his practice on cases where birth defects result from exposure to toxic chemicals by parents like those employed in semiconductor manufacturing or agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.
Here's my website: https://vimeo.com/707189320
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