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Parents want perfect babies, but some injuries happen outside of their control. Families can be left with huge debts when these injuries require expensive procedures and special treatment.
A New York birth defect lawyer can assist parents who are stunned to file claims and receive compensation to cover future expenses. The law has strict deadlines for when claims can be filed.
Statute of Limitations
Modern technology and medical advancements have helped to reduce the risks of childbirth and pregnancy. However, birth defects and injuries continue to occur. If they're preventable families need to explore their legal options.
Many birth defect lawsuits stem from allegations of medical malpractice. These lawsuits can result from mistakes made by doctors or nursing staff at any time during the birth process, including labor and pregnancy. Medical professionals may also commit malpractice after the birth of a child by failing to provide the correct treatment.
In general the statute of limitations in these cases is 2.5 years after the date of the medical malpractice. The time frame is extended for infants. It is crucial to consult an attorney immediately to ensure that all the evidence is gathered and that a timely complaint be filed.
In addition to medical malpractice, a suit can also be brought on behalf of an infant for birth defects resulting from improper 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 choosing an attorney to represent them in a birth defect or birth injury lawsuit parents should consider the following qualities:
Medical Malpractice
Birth defects can lead to a variety of mental and physical issues. Some may even be fatal. Some of these issues are caused by genetics, while others are caused by exposure to environmental factors or the usage of prescription drugs during pregnancy.
A doctor or medical professional can be accused of negligence when they cause birth defects due to their actions or inaction. These cases usually are based on medical negligence during labor or delivery. They can also be a result of any act of failure to be in compliance with a standard of medical care, for example not diagnosing an illness or prescribing the wrong medication during pregnancy.
One instance of case is a medication known as teratogens, which could cause serious birth defects. During pregnancy, doctors usually recommend women not to take this medication, which is used to treat seizures. If women are exposed to the drug then she must make a claim.
It is essential 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 won't have to pay anything until you are successful. Also, you should look for an attorney with excellent communication and negotiation abilities. This will help to ensure that you submit your claim before the statute of limitation expires.
Prescription Drugs
Many birth defect law firm defects result in mental or physical disabilities which require costly medical care and accommodations for the child. These disorders are usually genetic, but they can also be caused by chemical or environmental exposure or the use of medications by the mother during pregnancy.
Drug manufacturers are required to thoroughly test their products and inform consumers of any potential risks. Unfortunately certain pharmaceutical companies fail to keep up with research or anticipate the potential adverse consequences. Some doctors prescribe dangerous drugs to their patients and some women aren't aware of the dangers associated with using certain drugs during pregnancy. These drugs are known as teratogens and can cause birth defects in the fetus including spina bifida.
Other substances that could cause birth defects include chemicals employed in the production and agricultural industries as well as heavy metals like mercury, which are contaminating the groundwater or the air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women to toxic chemicals and substances that harm their reproductive health and lead to birth defects.
If you are filing lawsuits against the parties that are accountable for your child's health It is crucial to gather the most evidence you can. This includes ultrasound images, blood tests, and medical bills that arise as a result of the birth defect. This information will help the attorney to determine the value of the case.
Product Liability
Pregnancy is among the most thrilling and stressful events in a woman's lifetime. It's also the time that medical professionals can make mistakes that can lead to birth defects. A top lawyer can help parents make a claim against those accountable for their child's handicap and get the amount of compensation they deserve.
Medical experts aren't 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 toxic chemicals in the workplace such as solvents and glycol ethers in semiconductor manufacturing, as well as agricultural chemicals used in pesticides and crop spraying.
The pharmaceutical companies and those who prescribe medications are also required to warn people about the dangers. Yet, a large percentage of these drugs are sold off-label to women of childbearing age without proper warnings about the possibility of 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. He concentrates his practice on cases where birth defects are caused by exposure to toxic chemicals in the home by parents, such as those used in semiconductor manufacturing or farming. He is a graduate of the American University in Washington, D.C., and Suffolk University Law School.
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