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Parents want perfect children However, some injuries occur out of their control. Families can be left with a large bill when injuries require expensive procedures and specialized care.
A New York birth defect lawyer can help stunned parents file claims and receive compensation to cover the cost of future expenses. The law has strict time limits on when a claim may be filed.
Statute of limitations
Modern medical technology and advances have reduced the risks associated with pregnancy, childbirth and birth. However, birth defects and injuries still occur. Families need to explore their legal options when they can be prevented.
Many birth defect lawsuits are based upon allegations of medical malpractice. These lawsuits can result from mistakes made by doctors or nursing personnel at any stage of labor, pregnancy and birth. Medical professionals may also commit malpractice after the birth of a baby when they fail to provide the proper treatment.
In general the statute of limitations in these cases is 2.5 years from the date of the medical mistake. This time period is extended for infants. It is crucial to consult a lawyer whenever you can to ensure that all the evidence is collected, and that a timely complaint can be filed.
In addition to medical malpractice, a lawsuit can also be brought on behalf of a baby for birth defects caused by wrongful toxic and chemical exposures that occur during the mother's pregnancy. Specially trained birth defect lawyers can investigate and prosecute these claims on behalf of the family.
When choosing an attorney to represent them in a birth injury or defect lawsuit, parents should look for the following characteristics:
Medical Malpractice
Birth defects can lead to an array of mental or physical problems. Some birth defects can cause death. Some of these issues are inherited, whereas others are caused by exposure to the environment or the use of prescription drugs during pregnancy.
A doctor or medical professional could be accused of malpractice when they cause a birth defect through their actions or inaction. These cases usually are based on medical negligence in labor or delivery. They may also involve any act of failure to act which falls below a standard of medical care, for example failing to recognize an illness or prescribing the wrong medication during pregnancy.
One instance of case is a medication called teratogens. It can cause serious birth defects. Doctors typically advise women to take this medication during pregnancy. It is used to treat seizures. If the woman is exposed to the drug it is recommended that she make an action.
It is crucial to select an attorney who has experience in these types of cases. Look for a law firm that has a specialization in this area and operates on an hourly basis, which means you don't pay anything unless you win. Choose an attorney with outstanding negotiation and communication skills. This will help ensure that your claim is filed before the time limit expires.
Prescription Drugs
Many birth defects result in mental or physical disabilities, that require expensive medical treatment and accommodations for defect the child. Most of the time, these issues are inherited, but a few of them are caused by environmental or chemical exposure, or by medications the mother took while pregnant.
Drug makers are required to ensure that their products are tested properly and warn consumers about any risks. Unfortunately certain pharmaceutical companies fail to keep up to date with the latest research or fail to anticipate possible side effects. Certain doctors prescribe dangerous medications to their patients. Some women are not aware of the risks associated with taking certain medications during pregnancy. These medications are referred to as teratogens, and they can cause birth defects in the fetus. This includes spina bifida.
Other substances that can cause birth defects are chemicals used in the manufacturing and agricultural industries, and heavy metals like mercury, which affect groundwater or the air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women to harmful chemicals and other substances that damage their reproductive health and lead to birth defects.
It is important to collect as many evidences as you can before making a claim against the party responsible. This includes any ultrasound images, blood tests, and medical bills that came up as a result of the birth defect law firms defect. This information assists the attorney assess the value of the case.
Product Liability
Pregnancy is one of the most thrilling and stressful events in a woman's lifetime. It's also a time where many medical professionals make mistakes that could cause birth defects. A reputable attorney can assist parents in filing an action and obtaining the money they deserve from those who are responsible for the impairment of their child.
Although the causes of birth defects are often unknown to medical professionals but a large proportion of birth defects can be attributed to environmental or chemical exposure. This may include contact by parents with toxic chemicals in the workplace, for example solvents and glycol ethers used in semiconductor manufacturing, and agricultural chemicals used for pesticides as well as spraying crops.
In addition, manufacturers and the people who prescribe prescription medications have a responsibility to warn people of their risks. However, a significant portion of these drugs are sold off-label to women of childbearing age, without warnings about the risk of birth defects. This is especially true for antidepressants such as 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 involving the occurrence of birth defects caused by exposure of parents to toxic chemicals such as those used in semiconductor manufacturing as well as agriculture. He is a graduate of the American University in Washington, D.C. as well as Suffolk University Law School.
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