Buster Blesing asked 1 month ago
Birth Defect Litigation
Some injuries are out of the parents of their control. Families could be faced with huge bills when these injuries require costly procedures and special treatment.
A New York birth defect lawyer can assist parents who are shocked to file a claim and get compensation to cover future expenses. The law has strict time limitations on when a claim may be filed.
Statute of limitations
Modern technology and medical advancements have helped reduce the risks that come with childbirth and pregnancy. However, birth defects and injuries still occur. When they are preventable, families need to explore their legal options.
Many birth defect lawsuits are based on allegations of medical malpractice. These cases could involve mistakes committed by nurses or doctors staff at any point during labor, pregnancy and birth. Medical professionals can also commit malpractice after the birth of a child if they fail provide proper treatment.
In general the statute of limitations in these cases are 2.5 years after the date of the medical mistake. For infants, this is sometimes extended. However, it is important to seek legal advice as soon as possible to ensure that all evidence is gathered and that a timely claim can be filed.
A lawsuit may be filed on behalf of a child in relation to birth defects that are caused by toxic and chemical exposures during pregnancy. Specially trained birth defect lawyers can look into these claims and pursue them on behalf of the family.
Parents should think about the following aspects when choosing an attorney to represent them in a lawsuit involving birth defects or injuries:
Medical Malpractice
Birth defects can lead to various mental and physical issues. Some birth defects may cause death. Some of these problems are inherited, whereas others are due to exposure to environmental factors or the use of prescription drugs during pregnancy.
A doctor or medical professional could be accused of misconduct in the event of causing birth defects through their actions or inaction. These cases typically are based on medical negligence in labor or delivery. They also encompass any perform a task that is not within the standard of medical care, such as not diagnosing an illness or prescribing the wrong medication during pregnancy.
One of these cases involves the teratogens. These medications can cause serious birth defects. Doctors typically advise women to take this medication during pregnancy. It is used to treat seizures. If a woman who is pregnant is exposed to this medication, she must submit an insurance claim.
It is important to select an attorney who has experience in handling these types of cases. It is best to choose a firm that has experience in this field and operates on contingency basis, which means you don’t have to pay nothing until you win. Additionally, you should choose an attorney who has strong negotiation and communication skills. This will help ensure that your claim is filed before the time for filing expires.
Prescription Drugs
Many birth defects result in physical or mental disabilities, which require costly medical care and accommodations for the child. These disorders are usually genetic, but they may also be caused by environmental or chemical exposure or medications taken by the mother during pregnancy.
Pharmaceutical manufacturers are required to ensure that their products are tested properly and warn consumers of any potential risks. Unfortunately some pharmaceutical companies are not keeping up-to-date with current research or fail to anticipate possible side effects. Additionally, doctors can prescribe dangerous drugs to patients and some women do not receive the correct information regarding the dangers of taking certain drugs during pregnancy. These medications, also known as teratogens can cause birth defects, like spina-bifida, in the fetus.
Other substances that may cause birth defects are chemicals that are used in manufacturing and agriculture in addition to heavy metals such as mercury, which are contaminating the groundwater or the air. Diane Paolicelli’s legal profession has been dedicated to fighting powerful corporations who expose women to toxic substances and chemicals that can cause harm to their reproductive health and cause birth defects.
It is crucial to collect as all evidence you can prior to filing a lawsuit against the parties responsible. Included in this are ultrasound images and blood tests as well as medical bills incurred as a result. This will help the attorney determine the value of the case.
Product Liability
Pregnancy is among the most thrilling and stressful moments in a woman’s life. It’s also the time when medical professionals make mistakes that result in birth defect attorneys defects. An experienced attorney can help parents in submitting an appeal and gaining the compensation they deserve from the people responsible for the disabilities of their child.
Medical professionals aren’t always able to pinpoint the causes of birth defects, however many of them can be caused by environmental or chemical exposure. This may include contact by parents with toxic chemicals in the workplace, for example glycol ethers and solvents used in semiconductor manufacturing and chemical pesticides used in agriculture and spraying crops.
The pharmaceutical companies and those who prescribe medicines also have a duty to warn the public about the risks. A large number of these medications are sold to women who are pregnant, without warnings about the risk of birth defects. This is particularly true for birth defect lawyer antidepressants like Prozac and Zoloft.
Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. His practice is centered around cases where birth defect law firm defects are caused by exposure to toxic chemicals in the home by parents, such as those employed in semiconductor manufacturing or agricultural. He graduated from the American University in Washington, D.C. and Suffolk University Law School.