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Parents want perfect babies However, some accidents happen out of their control. Families may be left with a huge bill when injuries require expensive procedures and specialized care.
A New York birth defect lawyer can help stunned parents file an action and receive compensation to cover future costs. However, the law imposes strict deadlines when a claim should be filed.
Statute of Limitations
Modern technology and medical advancements have helped to reduce the risks associated with pregnancy and childbirth. However birth defects and injuries can still occur. Families must consider their legal options if they can be prevented.
Many birth defect lawsuits are based on allegations of medical malpractice. These cases could involve mistakes made by doctors or nursing staff at any stage of the birth process, including labor and pregnancy. Medical professionals can also commit malpractice after the birth defect law firm of a baby by failing to provide the correct treatment.
Generally, the statute of limitations in these cases is generally 2.5 years from the date of the act of medical negligence. This time frame is extended for infants. However, it is essential to seek legal counsel early enough to ensure that all evidence is obtained and that a timely claim can be filed.
In addition to medical malpractice, a lawsuit can also be brought on behalf of an infant for birth defects that result from wrongful 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.
When selecting an attorney for a birth injury or defect lawsuit, parents should look for the following qualities:
Medical Malpractice
Birth defects can trigger an array of mental or physical ailments. Some birth defects can cause death. Certain of these problems could be genetic, while others are caused through exposure to the environment or prescription drugs used during pregnancy.
A doctor or medical professional could be accused of misconduct if they cause a birth defect through their actions or inaction. These cases usually are caused by medical negligence during labor or delivery. However, they can include any act or failure to act that is not in the range of the medical standard of care, for instance, failing to diagnose a problem or prescribing the wrong medication during pregnancy.
One instance of situation is a drug called teratogens. This medication can cause serious birth defects. Doctors usually advise women not to take this medication during pregnancy. It is used to treat seizures. If the woman is exposed to the drug then she should file a claim.
It is essential to select an attorney who has experience in handling these kinds of cases. You should choose a firm that has expertise in this area and operates on contingency basis, which means you won't have to pay nothing until you win. Also, look for a lawyer who has excellent communication and negotiation abilities. This will help ensure that you file your claim before the statute of limitation expires.
Prescription Drugs
Many birth defects result in mental or physical disabilities, which require costly medical care and accommodations for the child. The majority of these problems are inherited, but a few of them are caused by environmental or chemical exposure or medication that the mother was taking during pregnancy.
Pharmaceutical manufacturers are required to test their products correctly and warn the public of any potential risks. Unfortunately many pharmaceutical companies fail to keep up with the latest research or foresee potential side consequences. In addition, doctors can prescribe dangerous medications to their patients and women may not receive adequate information on the risks of taking certain medications during pregnancy. These medications are referred to as teratogens and can cause birth defects in the fetus. This includes spina bifida.
Other substances that could cause birth defects are the 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 against powerful corporations that expose women to harmful chemicals and substances that could cause harm to their reproductive health and lead to birth defects.
It is crucial to gather as much evidence as you can prior to making a claim against the responsible parties. This includes any blood tests, ultrasound images, and medical bills that came up due to the birth defect. This information helps attorneys determine the value of the case.
Product Liability
Pregnancy is among the most exciting, but anxious experiences of the life of a woman. It's also a time when many medical professionals make mistakes that could cause birth defects. A top attorney can assist parents in submitting claims and getting the compensation they deserve against those responsible for the disability of their child.
While the causes of birth defects are typically unknown to medical professionals but a large proportion of birth defects are linked to environmental or chemical exposure. This can include parental exposure to toxic chemicals in the workplace such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used for spraying for crops and pesticides.
In addition, the manufacturer and those who prescribe prescription medicines are required to inform people about the risks. Yet, a substantial portion of these medications are sold off-label for women of childbearing age without proper warnings about the potential for birth defects. This is especially relevant for antidepressants like Prozac and Zoloft.
Christian Uehlein, birth defect a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. He focuses his practice on cases involving the occurrence of birth defects resulting from exposure of parents to toxic chemicals, which includes those in semiconductor manufacturing and agriculture. He graduated of the American University in Washington, D.C. as well as Suffolk University Law School.
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