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Certain injuries are beyond the parents' control. Families can be left with huge debts when these injuries require costly procedures and special attention.
A New York birth defect attorney can help parents who are grieving and file a claim to get compensation for future expenses. The law has strict time limitations for when claims can be filed.
Statute of Limitations
Modern technology and medical advancements have helped reduce the risks of childbirth and pregnancy. However, birth defects and injuries continue to occur. When they are preventable, families must consider their legal options.
Many birth defect lawsuits are based upon allegations of medical malpractice. These lawsuits can result from mistakes committed by nurses or doctors staff at any point during the birth process, including labor and pregnancy. Additionally, medical professionals can commit medical malpractice following the birth of a child, by failing to provide the correct treatment.
In general the statute of limitation for these cases is 2.5 years from the date of the medical negligence. The time limit can be extended to infants. However, it is important to seek legal counsel early enough to ensure that all evidence is obtained and that a timely claim be filed.
In addition to medical malpractice, a lawsuit can also be brought on behalf of an infant for birth defects caused by improper toxic and chemical exposures that take place during the mother's pregnancy. Specially trained birth defect lawyers can examine the claims and then prosecute them on behalf of the family.
Parents should think about the following qualities when selecting an attorney to represent them in a lawsuit for birth defects or birth injuries:
Medical Malpractice
Birth defects can lead to a variety of mental and physical ailments. Some birth defects can be fatal. Some of these problems may be caused by genetics while others are triggered through exposure to the environment or prescription medications used during pregnancy.
A doctor or medical professional may 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 can also comprise any act or failure to act that is not in the range of a medical standard of care, for instance, failing to recognize a medical issue or prescribing the wrong medicine during pregnancy.
One of these cases involves teratogens. These medications can lead to birth defects that are serious. When pregnant, doctors usually advise women to not take this medication, which is commonly used in the treatment of seizures. If a woman who is pregnant is exposed to this medication, she must make a claim.
It is important to select an attorney who has handled these types of cases. You should seek out an attorney with experience in this field and operates on contingency basis, which means you don't pay any fees until you win. Look for an attorney with great 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 birth defect lawsuits accommodations for the child. The majority of these problems are genetic, however some can be caused by chemical or environmental exposure, or the medications the mother took while pregnant.
Drug manufacturers are required to thoroughly test their products and warn consumers of any potential risks. Unfortunately certain pharmaceutical companies fail to keep up-to-date with current research or fail to anticipate potential side effects. Some doctors recommend dangerous drugs to their patients, and some women aren't aware of the dangers associated with taking certain medications while pregnant. These drugs, also known as teratogens, may cause birth defects, including spina-bifida that can occur in the fetus.
Other substances that could cause birth defects are the chemicals used in the agricultural and manufacturing industries, and heavy metals such as mercury that 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 harm their reproductive health and lead to birth defect lawsuit defects.
When filing an action against the parties responsible for your child's condition it is crucial to gather as much evidence as possible. This includes ultrasound scans, blood tests and medical bills incurred due to the birth defect. This allows the attorney to determine the monetary value of the case.
Product Liability
Pregnancy is among the most thrilling and stressful experiences a woman can go through in her life. However, it's also a time when medical professionals can make mistakes that could cause birth defects. A reputable attorney can assist parents in filing a claim and obtaining 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, however the majority of them can be attributable to environmental or chemical exposure. This can include parental exposure to harmful chemicals at work, such as glycol ethers and solvents in semiconductor manufacturing, as well as agricultural chemicals used in crop spraying and pesticides.
Manufacturers and those who prescribe medication are also obliged to inform the public about the dangers of their products. However, a lot of these drugs are marketed off-label to women who are pregnant age, without warnings about the potential for birth defects. This is particularly the case with 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 development of birth defect lawyer defects resulting from exposure of parents to toxic chemicals, which includes the ones used in semiconductor birth Defect lawsuits manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.
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