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Some injuries are beyond the parents in their control. If these injuries require special treatment and expensive procedures, it can cause families to be faced with massive costs.
A New York birth defect lawyer can assist parents in filing claims and receive compensation to cover future expenses. However, the law imposes strict deadlines the time a claim has to be filed.
Statute of Limitations
Modern medical technology and advancements in medical science have reduced the risks that are associated with childbirth, pregnancy and birth defect lawyer. However birth defects and injuries continue to occur. Families must consider their legal options when they can be prevented.
Many birth defect suits are stemming from claims of medical malpractice. These cases can involve errors made by doctors or nurses at any time during the labor and delivery procedures. Medical professionals can also commit malpractice after the birth of a baby in the event that they fail to provide appropriate treatment.
Generally, the statute of limitations in these cases is 2.5 years from when the act was committed of medical malpractice. The time limit is extended for infants. It is important to consult a lawyer early enough to ensure that all evidence is gathered, and that a timely complaint be filed.
In addition to medical malpractice, a lawsuit could also be filed on behalf of a baby for birth defects caused by improper toxic and chemical exposures that occur during a mother's pregnancy. Specially trained birth defect lawyers can investigate and defend these claims on behalf of the family.
Parents should consider the following aspects when choosing an attorney to represent them in a lawsuit involving birth defect or injury:
Medical Malpractice
Birth defects can cause various physical and mental problems. Some of them can be fatal. Some of these issues are genetic, but others are caused by exposure to environmental factors or the usage of prescription drugs during pregnancy.
A medical professional or doctor could be accused of malpractice if they cause birth defects by their actions or inaction. The most common cases involve medical negligence during the birth or labor birth defect lawyer process. They also encompass any do something that is below the standard of medical treatment, for instance failing to recognize an illness or prescribing the wrong medication during pregnancy.
One such case involves Teratogens. These drugs can result in serious birth defects. When pregnant, doctors usually advise women to avoid taking this medication, which is utilized to treat seizures. If a pregnant woman is exposed to this drug, she should file an insurance claim.
It is important to choose an attorney who has handled these types of cases. Find a firm that is specialized in this area and operates on an on a contingency basis, meaning there is no cost unless you succeed. Also, search for a lawyer who has excellent negotiation and communication skills. This will help to ensure that you file your claim before the statute of limitations expires.
Prescription Drugs
A lot of birth defects can cause mental or physical disabilities which require costly medical care and accommodations for the child. These problems are usually caused by genetics, but can also be caused by environmental or chemical exposure or the use of medications by the mother during pregnancy.
Pharmaceutical companies are required to test their products properly and inform the public of any potential dangers. Unfortunately some pharmaceutical companies fail to keep up with the latest research or anticipate potential side consequences. Additionally, doctors can prescribe dangerous medications to their patients and some women do not receive the correct information regarding the risks of taking certain medications during pregnancy. These drugs, known as teratogens may cause birth defects, including spina-bifida, in the fetus.
Other substances that could cause birth defects are chemicals employed in the production and agricultural industries in addition to heavy metals, like mercury that are contaminating groundwater and air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women chemicals and substances that damage their reproductive health and cause birth defects.
If you are filing lawsuits against the people who are responsible for your child's illness it is essential to gather the most evidence you can. Included in this are ultrasound images, blood tests, and medical bills incurred due to. This information helps the attorney assess the worth of the case.
Product Liability
Pregnancy is among the most exciting and nerve-wracking experiences a woman can go through in her life. However, it's also a time when medical professionals can make mistakes that could cause birth defects. An experienced attorney can help parents to file a claim against the medical professionals who are responsible for their child's disabilities and receive the compensation they deserve.
Medical experts are not always able determine the specific cause of birth defects, however a large number can be due to environmental or chemical exposure. This can be due to exposure by parents to toxic chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, as well as agricultural chemicals used in spraying for crops and pesticides.
In addition, the manufacturer and those who prescribe prescription drugs have a responsibility to warn people of their risks. However, a lot of these drugs are marketed off-label to women who are pregnant age without adequate warnings about the possibility of birth defects. This is especially applicable to antidepressants such Prozac and Zoloft.
Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. His practice focuses on cases that involve the occurrence of birth defects resulting from exposure of parents to toxic chemicals, such as those used in semiconductor manufacturing and agriculture. He graduated of the American University in Washington, D.C. as well as Suffolk University Law School.
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