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Parents want perfect babies However, some accidents happen outside of their control. Families can be left with huge bills when these injuries require costly procedures and specialized care.
A New York birth defect attorney can assist parents in shock to file an appeal to be compensated for future expenses. The law has strict time limits on when a claim can be filed.
Statute of Limitations
Modern medical technology and advancements in medical science have made it possible to reduce the risks associated with childbirth, pregnancy and birth. However, birth defects and injuries still occur. Families should consider their legal options if they are preventable.
Many birth defect lawsuits are founded on allegations of medical malpractice. These cases can involve mistakes committed by nurses or doctors personnel at any stage of pregnancy, labor and birth. Medical professionals can also be guilty of malpractice following the birth of a child in the event that they fail to provide appropriate treatment.
Generally, the time-limit for these cases is generally 2.5 years from the date of the act of medical malpractice. The time limit can be extended to infants. It is nevertheless important to seek legal advice as soon as you can to ensure that all evidence is gathered and that a timely claim can be filed.
A lawsuit can be filed on behalf of a child in relation to birth defects caused by toxic and chemical exposures during pregnancy. Specially trained birth defect lawyers can investigate and defend these claims on behalf of the family.
When choosing an attorney to represent them in a birth defect or birth injury lawsuit parents should look for the following characteristics:
Medical Malpractice
Birth defects can lead to various mental and physical ailments. Some of them can be fatal. Some of these issues may be genetic and others may be caused by exposure to environmental factors or prescription drugs taken 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. The most common cases involve medical negligence during labor or delivery. They also encompass any other do something that is below the standard of medical treatment, for instance not diagnosing an illness or prescribing the wrong medication during pregnancy.
One example of situation involves a drug known as teratogens, which could cause birth defects that are serious. During pregnancy, doctors typically advise women to stay clear of this medication, which is used in the treatment of seizures. If women are exposed to the drug it is recommended that she file an action.
It is crucial to select an attorney who is experienced in handling these types of cases. Find a firm that is specialized in this area and works on a contingency basis, so there is no cost unless you are successful. Find an attorney who has great negotiation and communication skills. This will help to ensure that you file your claim before the time for filing expires.
Prescription Drugs
Many birth defects lead to physical or mental disabilities, which require costly medical care and accommodations for the child. These conditions are often genetic, but can also be caused by chemical or environmental exposure or medication taken by the mother during pregnancy.
Drug makers are required to test their products correctly and warn the public of the potential dangers. Unfortunately, some pharmaceutical companies don't keep up-to-date with current research or fail to anticipate potential side consequences. Furthermore, doctors may prescribe dangerous drugs to their patients and women may not have adequate information about the dangers of taking certain medications during pregnancy. These drugs are known as teratogens, and they could 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, as well as heavy metals like mercury which contaminate air or groundwater. Diane Paolicelli's career in law has been focused on fighting powerful corporations that expose women to toxic chemicals and substances that may damage their reproductive health or cause birth defects.
It is crucial to collect as much evidence as you can prior to making a claim against the party responsible. This includes ultrasound scans, blood tests and medical bills that arose as a result of the birth defect law firm defect. This assists the attorney in determining the financial worth of the case.
Product Liability
Pregnancy is among the most thrilling and stressful events in a woman's lifetime. It's also a time when medical professionals make mistakes that cause birth defects. A top lawyer can assist parents in filing claims and getting the compensation they deserve against those who are responsible for the impairment of their child.
Although the causes of birth defects are usually unknown to medical professionals, a significant number are linked with exposure to chemicals or the environment. This can include parental contact with toxic chemicals at the workplace, like glycol ethers and solvents that are used in semiconductor manufacturing, and chemical pesticides used in agriculture and spraying on crops.
The manufacturers and the people who prescribe medicines must also warn people about the dangers. However, a significant portion of these drugs are sold off-label to women of childbearing age without proper warnings about the risk of birth defects. This is especially relevant for antidepressants like Prozac and Zoloft.
Christian Uehlein, 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 birth defects resulting from exposure of parents to toxic chemicals, which includes those used in semiconductor manufacturing as well as agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.
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