Debora Skirving asked 2 weeks ago
birth defect lawyer Defect Litigation
Parents want perfect babies however, there are some injuries that occur outside of their control. If these injuries require special treatment and costly procedures, it could cause families to be faced with massive costs.
A New York birth defect attorney can assist parents who are in shock file claims to obtain compensation for future expenses. The law has strict time limitations on when claims can be filed.
Statute of Limitations
Modern technology and medical advances have helped reduce the risks associated with pregnancy and childbirth. Birth defects and injuries do continue to occur. If they’re preventable families must consider their legal options.
Many birth defect suits are founded on accusations of medical malpractice. These cases may involve mistakes committed by nurses or doctors at any time during the pregnancy, labor and delivery processes. Medical professionals may also be guilty of malpractice following the birth of a baby by failing to provide the correct treatment.
In general, the statutes of limitations in these cases are 2.5 years from the date of the medical malpractice. This time period can be extended for infants. It is important to consult a lawyer whenever you can to ensure that all the evidence is collected, and that a timely complaint be filed.
A lawsuit may be filed on behalf of a child for birth defect lawyer defects caused by toxic and chemical exposures during pregnancy. Specially trained birth defect lawyers can investigate and defend these claims on behalf of the family.
Parents should think about the following qualities when selecting an attorney to represent them in a lawsuit for birth injury or defect:
Medical Malpractice
Birth defects can cause various mental and physical issues. Some of them could be fatal. Some of these problems are inherited, while others are caused by exposure to environmental factors or the use of prescribed drugs during pregnancy.
A medical professional or doctor could be convicted of malpractice when they cause birth defects due to their actions or inaction. These cases usually are based on medical negligence in labor or delivery. They may also involve any other do something that is below the standard of medical care, such as not diagnosing an illness or prescribing the wrong medication during pregnancy.
One example involves teratogens. These medications can cause birth defects that are serious. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If women are exposed to the drug, she must file a claim.
It is essential to select an attorney with experience handling these types of cases. Find a law firm that is experienced in this area, and works on a contingency basis, so you won’t have to pay a dime unless you win. Find an attorney who has excellent communication and negotiation skills. This will help to ensure that you submit your claim before the time for filing expires.
Prescription Drugs
A variety of birth defects cause physical or mental disabilities that require costly medical treatment and accommodations for the child. These issues are often caused by genetics, but can also be caused by chemical or environmental exposure or medications taken by the mother during pregnancy.
Drug manufacturers are required to adequately test their products and warn consumers about any potential risks. Sadly many pharmaceutical companies do not keep up with the latest research or foresee potential side effects. Additionally, doctors can prescribe dangerous drugs to their patients, and some women do not receive adequate information on the risks of taking certain medications during pregnancy. These drugs are known as teratogens. They could cause birth defects in the fetus, such as spina bifida.
Other substances that could cause birth defects are the chemicals used in the manufacturing and agricultural industries, as well as heavy metals like mercury, which can contaminate groundwater or air. Diane Paolicelli’s legal career has been dedicated to fighting powerful corporations that expose women to toxic chemicals and substances that may damage their reproductive health or lead to birth defects.
It is crucial to collect as many evidences as you can before making a claim against the party responsible. Included in this are any ultrasound images as well as blood tests and medical bills that are incurred as a result. This information helps attorneys determine the worth of the case.
Product Liability
Pregnancy can be one of the most exciting and stressful experiences in the life of a woman. It’s also a time when medical professionals can make mistakes that can cause birth defects. An experienced attorney can help parents make a claim against those who are responsible for their child’s disabilities and acquire the compensation they deserve.
While the causes of birth defects are typically not understood by medical professionals but a large proportion of birth defects are linked with exposure to chemicals or the environment. This can include parental contact with toxic chemicals in the workplace, for example solvents and glycol ethers used in semiconductor manufacturing, as well as agricultural chemicals for pesticides and crop spraying.
The manufacturers and the people who prescribe medication must also warn the public about the risks. Yet, a large percentage of these medications are sold off-label to women of childbearing age without proper warnings about the possibility of birth defects. This is especially the case with antidepressants such as Prozac and Zoloft.
Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defects 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 that are used in semiconductor manufacturing or agriculture. He graduated from the American University in Washington, D.C. as well as Suffolk University Law School.