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Certain injuries are beyond the parents' control. When injuries require specialized treatment and expensive procedures, it could 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 has strict deadlines when a claim should be filed.
Statute of limitations
Modern medical technology and advancements in medical science have made it possible to reduce the risks related to pregnancy, childbirth and birth. However, birth defects and injuries continue to occur. Families must consider their legal options when they can be prevented.
Many birth defect lawsuits stem from allegations of medical malpractice. These lawsuits can be based on mistakes made by doctors or nurses at any point during the labor and birth processes. Additionally medical professionals could be guilty of medical malpractice after a child's birth when they fail to provide the proper treatment.
In general the statute of limitation for birth defect lawsuit these cases is 2.5 years from the date of the medical mistake. The time frame can be extended for infants. It is essential to speak with 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 may also be filed on behalf of a baby for birth defects caused by wrongful toxic and chemical exposures that occur during a mother's pregnancy. Specially trained birth defects lawyers can look into these claims and prosecute them on behalf of the family.
When choosing an attorney for a birth defect lawsuit defect or birth injury lawsuit parents should be looking for the following qualities:
Medical Malpractice
Birth defects can lead to various mental and physical problems. Certain birth defects can be fatal. Some of these issues are genetic, but others are caused by exposure to the environment or the use of prescription medications during pregnancy.
A doctor or medical professional can be accused of negligence when they cause birth defects as a result of their actions or inaction. These cases typically involve medical negligence during the birth or labor process. They also encompass any do something that is below the standard of medical care, such as failing to recognize an illness or prescribing incorrect medication during pregnancy.
One such case involves teratogens. These medications can lead to serious birth defects. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If women are exposed to the drug she must file a claim.
It is vital to select an attorney with expertise in these kinds of cases. You should choose an attorney who has extensive experience in this field. It also is on contingency, which means you don't pay nothing until you win. Look for an attorney with excellent communication and negotiation skills. This can help ensure that your claim is filed before the time limit expires.
Prescription Drugs
A variety of birth defects cause physical or mental disabilities that require costly medical treatment and Birth Defect Lawsuit accommodations for the child. Often, these conditions are genetic, however some of them are caused by environmental or chemical exposure, or the medications the mother took while pregnant.
Pharmaceutical manufacturers are required to adequately test their products and warn consumers about any potential risks. Unfortunately some pharmaceutical companies are not keeping up-to-date with current research or fail to anticipate potential adverse consequences. Moreover, doctors may prescribe dangerous drugs to their patients and some women do not receive adequate information on the risks of taking certain medications during pregnancy. These medications, also known as teratogens, may cause birth defects, like spina-bifida in the fetus.
Other substances that can cause birth defects are chemicals used in the manufacturing and agricultural industries, as well as heavy metals like mercury which affect groundwater or the air. Diane Paolicelli's legal profession has been focused on fighting powerful corporations who expose women to harmful substances and chemicals that can affect their reproductive health or lead to birth defects.
If you decide to file a lawsuit against the parties accountable for your child's condition It is crucial to gather the most evidence you can. This includes ultrasound scans, blood tests and medical bills incurred because of the birth defect. This information assists the attorney to determine the worth of the case.
Product Liability
Pregnancy is among the most exciting and nerve-wracking events in a woman's lifetime. But it's also a time where medical professionals often make mistakes that could cause birth defects. A top attorney can help parents bring a lawsuit against those accountable for their child's handicap and acquire the proper compensation they're entitled to.
While the causes of birth defects are often unknown to medical experts but a large proportion of birth defects can be attributed with exposure to chemicals or the environment. This can include exposure by parents to toxic chemicals at work such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used in spraying for crops and pesticides.
Additionally, the manufacturers and those who prescribe prescription medicines have a responsibility to warn people about the risks. A large portion of these drugs are offered to women who are pregnant, without warnings of the possibility of birth defect. This is particularly true for 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. His practice focuses on cases involving the occurrence of birth defects resulting from parental exposure to toxic chemicals, such as the ones used in semiconductor manufacturing and agriculture. He graduated from the American University in Washington, D.C. and Suffolk University Law School.
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