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Certain injuries are beyond the parents' control. If these injuries require special treatment and expensive procedures, it could cause families to be faced with massive costs.
A New York birth defect attorney can help parents in shock to file an action to receive compensation for future expenses. The law has strict time limits on when a claim can be filed.
Statute of Limitations
Modern technology and medical advances have helped to reduce the risks associated with childbirth and pregnancy. Birth defects and injuries do continue to occur. Families need to explore their legal options when they are preventable.
Many birth defect lawsuits are based on allegations of medical malpractice. These cases could involve mistakes committed by nurses or doctors personnel at any stage of pregnancy, labor and birth. Medical professionals may also commit malpractice after the birth of a child when they fail to provide the proper treatment.
In general, the statutes of limitation for these cases is 2.5 years from the date of the medical malpractice. For infants this period can be extended. It is essential to talk with an attorney immediately to ensure that all evidence is gathered, and that a timely complaint can be filed.
A lawsuit can be filed on behalf of a child to claim birth defects caused by chemical and toxic exposures during the pregnancy. Specially trained birth defect lawyers can investigate and bring these cases on behalf of the family.
Parents should take into consideration the following aspects when choosing an attorney to represent them in a suit for birth injury or defect:
Medical Malpractice
Birth defects can lead to a variety of mental and Birth Defect Lawsuits physical problems. Some of them could be fatal. Some of these issues could be genetic and others may be caused by environmental exposures or prescription medications taken during pregnancy.
A doctor or medical professional could be accused of malpractice when they cause birth defects as a result of their actions or inaction. Most cases involve medical negligence during labor or delivery. However, they may also include any act or inability to act that is not in the range of a medical standard of care, like failing to diagnose a condition or prescribing the wrong medication during pregnancy.
One such type of situation involves a drug called teratogens, which can cause serious birth defects. When pregnant, doctors usually recommend women not to take this medication, which is commonly used in the treatment of seizures. If a woman is exposed to the drug, then she must make a claim.
It is essential to select an attorney with experience handling these kinds of cases. Find a law firm that has a specialization in this area, and works on the basis of a contingent fee, which means you won't have to pay a dime unless you are successful. Also, search for a lawyer who has excellent negotiation and communication abilities. This will help to ensure that you submit your claim before the time for filing expires.
Prescription Drugs
Many birth defects result in mental or physical disabilities that require expensive medical treatment and accommodations for the child. These disorders are usually genetic, but they can also be caused by environmental or chemical exposure or medications taken by the mother during pregnancy.
Drug manufacturers are required to test their products thoroughly and inform consumers of any potential risks. Sadly some pharmaceutical companies fail to keep up with research or foresee potential side effects. Certain doctors prescribe dangerous medications to their patients, and some women are not informed about the dangers associated with using certain drugs during pregnancy. These medications, also known as teratogens can cause birth defects, like spina-bifida in the fetus.
Other substances that can cause birth defects are chemicals that are used in manufacturing and agriculture as well as heavy metals like mercury that are contaminating air or groundwater. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women to toxic chemicals and other substances that harm their reproductive health and cause birth defects.
If you are filing an action against the parties that are accountable for your child's health It is crucial to gather as much evidence as you can. This includes blood tests, ultrasound images and medical bills incurred as a result of the birth defect. This helps the attorney establish the worth of the case.
Product Liability
Pregnancy is among the most exciting, and nerve-wracking experiences in a woman's lifetime. It's also a time when medical professionals are prone to making mistakes that cause birth defects. A reputable attorney can assist parents in submitting an appeal and gaining the compensation they deserve against those who are responsible for the impairment of their child.
Medical experts are not always able of determining the causes of birth defects, but many of them can be due to environmental or chemical exposure. This can include parental contact with toxic chemicals at the workplace, for example glycolethers and solvents utilized in semiconductor manufacturing, and agricultural chemicals for Birth Defect Lawsuits pesticides and spraying crops.
Additionally, the manufacturers and those who prescribe prescription drugs have a responsibility to warn consumers of the dangers. A significant portion of these drugs are offered to women who are pregnant, without warnings about the possibility of birth defect law firm defects. This is particularly applicable to 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 concentrates his practice on cases that involve the occurrence of birth defects caused by parental exposure to toxic chemicals, such as those in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.
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