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Parents want perfect babies, but some injuries happen outside of their control. When injuries require specialized treatment and expensive procedures, it could cause families to be faced with massive costs.
A New York birth defect attorney can assist parents grieving and file an appeal to be compensated for future expenses. The law has strict deadlines on when claims can be filed.
Statute of limitations
Modern technology and medical advancements have helped reduce the risks associated with pregnancy and childbirth. However, birth defects and injuries can still occur. If they're preventable, families must explore their legal options.
Many birth defect law firm defect lawsuits are based on allegations of medical malpractice. These lawsuits can result from mistakes made by nurses or doctors staff at any point during labor, birth and pregnancy. In addition, medical professionals can commit medical malpractice after the birth of a child in the event that they fail to provide proper care.
In general the statute of limitations in these cases are 2.5 years after the date of the medical error. The time frame is extended for infants. It is essential to speak with a lawyer as soon as you can to ensure that all evidence is collected and that a timely complaint can be filed.
In addition to medical malpractice, birth defects a lawsuit may also be filed on behalf of a baby for birth defects that result from wrongful exposure to chemicals and toxic substances that take place during the mother's pregnancy. Lawyers specially trained in birth defects can investigate and bring these cases on behalf of the family.
When selecting an attorney for a birth defect or birth injury lawsuit parents should be looking for the following qualities:
Medical Malpractice
Birth defects can lead to an array of mental or physical problems. Some birth defects can be fatal. Some of these issues are inherited, while others are due to exposure to the environment or the use of prescription medications during pregnancy.
A doctor or medical professional may be accused of negligence if they cause birth defects through their actions or inaction. The majority of these cases are due to medical negligence during labor or delivery. However, they can also include any act or failure to act that is in violation of a medical standard of care, like failing to diagnose a problem or prescribing the wrong medicine during pregnancy.
One example of case is a medication called teratogens. This medication can cause serious birth defects. Doctors typically advise women to take this medication during pregnancy. It is used to treat seizures. If a pregnant woman is exposed to this drug, she should submit an insurance claim.
It is crucial to select an attorney who has handled these types of cases. Find a firm that is specialized in this field and operates on the basis of a contingent fee, which means you won't have to pay a dime unless you are successful. Also, search for an attorney with excellent negotiation and communication skills. This will ensure that you make your claim in time before the time for filing expires.
Prescription Drugs
Many birth defects result in mental or physical disabilities that require expensive medical treatment and accommodations for the child. Most of the time, these issues are genetic, but some of them can be caused by chemical or environmental exposure or medication that the mother took while pregnant.
Drug makers are required to test their products correctly and inform the public of any potential risks. Sadly certain pharmaceutical companies do not keep up with research or anticipate the potential adverse effects. Certain doctors prescribe dangerous drugs to their patients. Moreover, some women are not aware of the risks associated with taking certain drugs while pregnant. These are known as teratogens and can cause birth defects in the fetus, including spina Bifida.
Other substances that can cause birth defect lawyer defects are the chemicals used in the manufacturing and agricultural industries, and heavy metals like mercury that contaminate air or groundwater. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women chemicals and substances that harm their reproductive health and cause birth defects.
It is crucial to gather as much evidence as you can prior to making a claim against the parties accountable. This includes any ultrasound images, blood tests, and medical bills incurred because of the birth defect. This helps the attorney establish the worth of the case.
Product Liability
Pregnancy is one of the most exciting and nerve-wracking times in a woman's life. It's also a time where medical professionals often make mistakes that can lead to birth defects. An experienced attorney can help parents in filing an appeal and gaining the money they deserve from those responsible for the handicap of their child.
While the causes of birth defects are typically unknown to medical professionals but a large proportion of birth defects can be attributed to exposure to chemicals or environmental causes. This can be due to exposure by parents to toxic chemicals in the workplace such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used in spraying for crops and pesticides.
The pharmaceutical companies and those who prescribe medications must also warn people about the dangers. However, a significant portion of these medications are sold off-label to women of childbearing age, without warnings about the possibility of birth defects. This is especially true 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 involving the occurrence birth defects that result from exposure of parents to toxic chemicals, including the ones used in semiconductor manufacturing and agriculture. He is a graduate of the American University in Washington, D.C., and Suffolk University Law School.
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