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Some injuries are out of the parents of their control. Families may be left with a huge bill when injuries require costly procedures and specialized care.
A New York birth defect lawyer can assist parents who are stunned to file a claim and get compensation to cover future costs. The law has strict time limitations for when claims can be filed.
Statute of Limitations
Modern technology and medical advancements have helped to reduce the risks that come with childbirth and pregnancy. However birth defects and injuries can still occur. When they are preventable, families need to explore their legal options.
Many birth defect lawsuits are based upon allegations of medical malpractice. These lawsuits can result from mistakes made by doctors or nursing staff at any stage of pregnancy, labor and birth. Additionally medical professionals may be guilty of medical malpractice following the birth of a child in the event that they fail to provide the proper treatment.
Generally, the statute of limitations in these cases is 2.5 years from when the act was committed of medical negligence. The time limit can be extended for infants. However, it is essential to seek legal advice as soon as you can to ensure that all evidence is obtained and that a timely claim be filed.
In addition to medical malpractice, a suit may also be filed on behalf of a baby for birth defects caused by improper exposure to chemicals and toxic substances that occur during the mother's pregnancy. Specially trained birth defect lawyers can investigate and defend these claims on behalf of the family.
Parents should be aware of the following factors when choosing an attorney to represent them in a lawsuit for birth defects or injuries:
Medical Malpractice
Birth defects can cause an array of mental or physical problems. Some birth defects can be fatal. Some of these problems are genetic, but others are due to exposure to environmental factors or the usage of prescription drugs during pregnancy.
A doctor or medical professional may be accused of negligence when they cause a birth defect through their actions or inaction. Most cases involve medical negligence during the birth or labor process. They can also include any act which falls below a standard of medical treatment, for instance not diagnosing an illness or prescribing incorrect medication during pregnancy.
One example of this type of case is a medication called teratogens, which can cause serious birth defects. When pregnant, doctors usually advise women to avoid taking this medication, which is used in the treatment of seizures. If an individual is exposed to the drug, it is recommended that she submit an insurance claim.
It is essential to select an attorney who has experience in handling these kinds of cases. Choose a law firm that has a specialization in this field and operates on the basis of a contingent fee, which means there is no cost unless you succeed. Find an attorney who has an excellent ability to communicate and negotiate. This will ensure that your claim is filed before the statute of limitations expires.
Prescription Drugs
Many birth defect lawyers defects result in physical or mental disabilities, which require costly medical care and accommodations for the child. These issues are often genetic, but they can also be caused by environmental or chemical exposure or the use of medications by the mother during pregnancy.
Drug makers are required to test their products properly and warn the public of the potential dangers. Unfortunately, some pharmaceutical companies fail to keep up-to-date with current research or fail to anticipate potential side effects. Some doctors prescribe dangerous drugs to their patients, and some women are not aware of the dangers associated with using certain drugs during pregnancy. These medications are referred to as teratogens. 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, as well as heavy metals like mercury which can contaminate groundwater or air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations which expose women to harmful chemicals and substances that can affect their reproductive health and lead to birth defects.
It is crucial to collect as the evidence you can before making a claim against the party responsible. This includes ultrasound images, blood tests, birth defect and medical bills incurred as a result of the birth defect. This helps the attorney establish the value of the case.
Product Liability
Pregnancy can be one of the most exciting, yet anxiety-inducing experiences in women's lives. But it's also a time where many medical professionals make mistakes that can cause birth defects. An experienced attorney can assist parents make a claim against those responsible for their child's disability and get the proper compensation they're entitled to.
While the causes of birth defects are generally not understood by medical professionals but a large proportion of birth defects are linked to environmental or chemical exposure. This may include contact by parents with toxic chemicals in the workplace, for example glycolethers and solvents utilized in semiconductor manufacturing and agricultural chemicals used for pesticides and crop spraying.
Furthermore, manufacturers and those who prescribe prescription drugs must inform people of their risks. However, a lot of these medications are sold off-label for women of childbearing age, without warnings about the potential for birth defects. This is particularly true for antidepressants like 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 involving the development of birth defects resulting from parental exposure to toxic chemicals such as those in semiconductor manufacturing and agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.
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