Keenan Vachon asked 4 months ago
Birth Defect Litigation
Some injuries are out of the parents or their control. When these injuries require special treatment and costly procedures, it can cause families to incur huge costs.
A New York birth defect lawyer can assist parents who are stunned to file claims and receive compensation to pay for future expenses. However, the law puts strict deadlines the time a claim has to be filed.
Statute of limitations
Modern technology and medical advancements have helped to reduce risks related to pregnancy, childbirth and birth. Birth defects and injuries continue to occur. Families should consider their legal options if they can be prevented.
Many birth defect lawsuits are founded on allegations of medical malpractice. These cases can involve mistakes made by nurses or doctors staff at any stage of labor, birth and pregnancy. Medical professionals can also commit malpractice after the birth of a baby when they fail to provide the proper treatment.
Generally, the time-limit for these cases is generally 2.5 years from when the act was committed of medical negligence. The time limit can be extended to infants. It is crucial to consult a lawyer immediately to ensure that all the evidence is gathered, and that a timely complaint can be filed.
In addition to medical malpractice, a suit could also be filed on behalf of a baby for birth defects caused by improper toxic and chemical exposures that take place during the mother’s pregnancy. Lawyers specially trained in birth defects can investigate and pursue these claims on behalf of the family.
When choosing an attorney for a birth injury or defect lawsuit parents should be looking for the following qualities:
Medical Malpractice
Birth defects can cause numerous mental or physical issues. Some of them can be fatal. Some of these issues could be genetic while others are caused through exposure to the environment or prescription medications taken during pregnancy.
A doctor or medical professional may be accused of negligence in the event of causing birth defects by their actions or inaction. These cases usually are caused by medical negligence during delivery or labor. However, they could also include any act or inability to act that falls short of a medical standard of care, like failing to recognize a medical issue or prescribing the wrong medication during pregnancy.
One example involves Teratogens. These medications can lead to serious birth defects. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If a pregnant woman is exposed to this medication, she must submit a claim.
It is vital to select an attorney who has prior experience in these types of cases. You should look for an attorney with years of experience in this field and is based on contingency, meaning that you won’t be charged nothing until you win. Look for an attorney with outstanding negotiation and communication skills. This will help ensure that your claim is filed before the time limit expires.
Prescription Drugs
Many birth defects cause physical or mental disabilities that require expensive medical treatment and accommodations for the child. Most of the time, these issues are genetic, however some of them are caused by environmental or chemical exposure or medication that the mother consumed during pregnancy.
Drug makers are required to thoroughly test their products and inform consumers of any risks. Unfortunately, some pharmaceutical companies are not keeping up to date with the latest research or fail to anticipate potential adverse effects. Moreover, doctors may prescribe dangerous drugs to their patients and women may not receive adequate information on the risks of taking certain drugs during pregnancy. These drugs, also known as teratogens can cause birth defects, like spina-bifida that can occur in the fetus.
Other substances that can cause birth defects are the chemicals used in the agricultural and manufacturing industries, and Birth defect lawsuits heavy metals like mercury, which affect groundwater or the air. Diane Paolicelli’s legal career is focused on fighting powerful corporations that expose women to harmful substances and chemicals that can affect their reproductive health or lead to birth defects.
It is crucial to gather as the evidence you can prior to filing a suit against the parties accountable. Included in this are ultrasound images or blood tests, as well as medical bills incurred as a result. This information will help the attorney determine the value of the case.
Product Liability
Pregnancy is among the most thrilling and stressful moments in a woman’s life. But it’s also a time when many medical professionals make mistakes that could lead to birth defects. A top attorney can assist parents in submitting a claim and obtaining the compensation they deserve from those responsible for the handicap of their child.
Medical experts are not always able to pinpoint the exact cause of birth defect law firm defects, however many of them can be attributable to environmental or chemical exposure. This may include contact by parents with toxic chemicals in the workplace, like glycolethers and solvents utilized in semiconductor manufacturing and agricultural chemicals for pesticides and spraying on crops.
The pharmaceutical companies and those who prescribe medicines are also required to warn people about the dangers. A significant portion of these drugs are offered to women who are expecting without warnings of the possibility of birth defects. This is especially relevant for antidepressants like Prozac and Zoloft.
Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defects lawsuits against chemical and pharmaceutical companies. His practice is centered around cases where birth defects are caused by exposure to toxic chemicals in the home by parents like those employed in semiconductor manufacturing or farming. He is a graduate of the American University in Washington, D.C. and Suffolk University Law School.