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Some injuries are out of the parents of their control. If these injuries require special care and costly procedures, it could cause families to be faced with massive costs.
A New York birth defect attorney can help parents who are grieving and file an action to receive compensation for future expenses. However, the law places strict deadlines on when a claim needs to be filed.
Statute of Limitations
Modern technology and medical advancements have helped reduce the risks associated with childbirth and pregnancy. However birth defects and injuries can still occur. Families must consider their legal options if they can be prevented.
Many birth defect lawsuits are founded on allegations of medical malpractice. These lawsuits can result from mistakes made by doctors or nursing staff at any stage of labor, birth and pregnancy. Medical professionals can also commit malpractice after the birth of a baby by failing to provide the correct treatment.
Generally speaking, the statute of limitations in these cases is 2.5 years from the date of the act of medical negligence. This time frame is extended for infants. It is nevertheless important to seek legal advice as soon as possible to ensure that all evidence is collected and that a timely claim be filed.
A lawsuit can be filed on behalf of a baby for birth defects that are caused by toxic and chemical exposures during pregnancy. Specially trained birth defect lawyers can investigate and pursue these claims on behalf of the family.
Parents should be aware of the following characteristics when choosing an attorney to represent their interests in a lawsuit filed for birth injury or defect:
Medical Malpractice
Birth defects can trigger numerous physical or mental problems. Some of them can be fatal. Some of these issues may be genetic and others may be caused by environmental exposures or prescription medications used during pregnancy.
A doctor or medical professional could be accused of malpractice if they cause birth defects through their actions or inaction. The majority of these cases are based on medical negligence in labor or delivery. They may also involve any other be in compliance with a standard of medical treatment, for instance not diagnosing an illness or prescribing incorrect medication during pregnancy.
One instance of case is a medication called teratogens. This medication can cause serious birth defects. During pregnancy, doctors typically advise women to stay clear of this medication, which is utilized in the treatment of seizures. If an individual is exposed to the drug, then she should file a claim.
It is important to choose an attorney who has experience in handling these kinds of cases. It is best to choose an attorney with extensive experience in this field. It also operates on contingency basis, which means you won't have to pay nothing until you win. Look for an attorney who has outstanding negotiation and communication skills. This will help ensure that you submit your claim before the time limit expires.
Prescription Drugs
A variety of birth defects cause mental or physical disabilities that require expensive medical treatment and accommodations for the child. Most of the time, these issues are genetic, however some can be caused by chemical or environmental exposure or medication that the mother was taking during pregnancy.
Drug manufacturers are required to ensure that their products are tested properly and warn consumers of any risks. Unfortunately certain pharmaceutical companies are not keeping up-to-date with the latest research or fail to anticipate possible side effects. Some doctors recommend dangerous drugs to their patients. Moreover, some women aren't aware of the risks associated with taking certain medications while pregnant. These drugs, also known as teratogens can cause birth defects, including spina-bifida that can occur in the fetus.
Other substances that can cause birth defects are the chemicals used in the agricultural and manufacturing industries, as well as heavy metals like mercury that affect groundwater or the air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations which expose women to harmful chemicals and substances that cause harm to their reproductive health and lead to birth defects.
It is essential to gather as many evidences as you can before filing a suit against the party responsible. Included in this are any ultrasound images as well as blood tests and medical bills incurred as a result. This information can help attorneys determine the value of the case.
Product Liability
Pregnancy is among the most exciting, and anxiety-inducing experiences in a woman's lifetime. It's also a time when many medical professionals make mistakes that could lead to birth defects. A top attorney can assist parents in submitting an action and obtaining the amount they deserve from the people responsible for the disabilities of their child.
While the causes of birth defects are generally unknown to medical experts, a significant number can be linked with exposure to chemicals or the environment. This could be due to contact by parents with toxic chemicals at the workplace, such as solvents and [Redirect-301] glycol ethers used in semiconductor manufacturing and agricultural chemicals used for pesticides and spraying crops.
Manufacturers and those who prescribe medication are also obliged to inform the public about their risks. Yet, a substantial portion of these drugs are sold off-label to women of childbearing age, without warnings about the potential for birth defects. This is especially relevant for antidepressants like Prozac and Zoloft.
Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. He concentrates his practice on cases where birth defects are caused by exposure of parents to toxic chemicals such as those employed in the manufacture of semiconductors or in agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.
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