If You ve Just Purchased Birth Defect Legal ... Now What
Birth Defect Litigation
Parents want their children to be perfect however, there are some injuries that occur beyond their control. Families may be left with huge bills when these injuries require expensive procedures and specialized care.
A New York birth defect attorney can help parents who are in shock to file claims to obtain compensation for future expenses. The law has strict time limits for when claims can be filed.
Statute of limitations
Modern technology and medical advancements have made it possible to reduce the risks that are associated with childbirth, pregnancy and birth. Birth defects and injuries do still occur. When they are preventable, families must consider their legal options.
Many birth defect lawsuits are made on the basis of allegations of medical malpractice that occurred. These cases could involve mistakes made by nurses or doctors at any point during the pregnancy, labor and delivery processes. In addition, medical professionals can commit medical malpractice after the birth of a baby by failing to provide proper care.
Generally, the time-limit for these cases is 2.5 years from when the act was committed of medical negligence. The time limit can be extended for infants. It is essential to talk with a lawyer immediately to ensure that all the evidence is gathered, and that a timely complaint be filed.
In addition to medical malpractice, a lawsuit can also be filed on behalf of a baby for birth defects caused by wrongful toxic and chemical exposures that occur during the mother's pregnancy. Specially trained birth defect lawyers can investigate and bring these cases on behalf of the family.
Parents should consider the following factors when choosing an attorney to represent their interests in a lawsuit filed for birth defect or injury:
Medical Malpractice
Birth defects can cause various mental and physical ailments. Some fayetteville birth defect lawsuit defects can cause death. Some of these problems may be genetic, while others are caused through exposure to the environment or prescription medications taken during pregnancy.
A medical professional or doctor could be convicted of malpractice when they cause darby birth defect lawsuit defects by their actions or inaction. These cases usually involve medical negligence during the birth or labor process. They may also involve any act which falls below a standard of medical treatment, for instance the failure to diagnose an illness or prescribing incorrect medication during pregnancy.
One example is involving Teratogens. These medications can lead to serious birth defects. Doctors typically advise women not to take this medication during pregnancy. It is used to treat seizures. If a woman is exposed to the drug she must make a claim.
It is crucial to select an attorney with experience handling these types of cases. Find a firm that specializes in this area, and works on an hourly basis, which means you won't have to pay a dime unless you win. Also, look for a lawyer who has excellent negotiation and communication abilities. This can help ensure that your claim is filed before the statute of limitations expires.
Prescription Drugs
Many birth defects cause physical or mental disabilities that require expensive medical treatment and accommodations for the child. These disorders are usually genetic, but they can also be caused by environmental or chemical exposure or medication taken by the mother during pregnancy.
Pharmaceutical manufacturers are required to test their products thoroughly and inform the public about any potential risks. Sadly, some pharmaceutical companies do not keep up with the latest research or anticipate potential side consequences. Some doctors recommend dangerous drugs to their patients. Some women are not informed about the risks of taking certain drugs while pregnant. These drugs, also known as teratogens can cause birth defects, like spina-bifida, in the fetus.
Other substances that may cause birth defects include chemicals employed in the production and agricultural industries in addition to heavy metals like mercury that are contaminating groundwater and air. Diane Paolicelli's legal profession has been focused on combating powerful corporations that expose women to harmful substances and chemicals that can damage their reproductive health or cause birth defects.
It is important to collect as many evidences as you can prior to filing a lawsuit against the party responsible. Included in this are ultrasound images, blood tests, and medical bills incurred as a result. This allows the attorney to determine the monetary worth of the case.
Product Liability
Pregnancy is one of the most exciting and nerve-wracking times in a woman's life. But it's also a time where many medical professionals make mistakes that could cause birth defects. An experienced attorney can help parents make a claim against those accountable for their child's handicap and acquire the proper compensation they're entitled to.
Medical experts are not always able of determining the causes of birth defects, however the majority of them can be attributable to environmental or chemical exposure. This could include contact from parents with toxic chemicals in the workplace, such as glycolethers and solvents utilized in semiconductor manufacturing, as well as agricultural chemicals used for pesticides and crop spraying.
Manufacturers and those who prescribe medicines are also required to inform the public about the dangers of their products. A majority of these drugs are offered to women who are expecting without warnings about the risk of birth defect. This is particularly 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. He focuses his practice on cases involving the occurrence of birth defects that result from parental exposure to toxic chemicals, which includes the ones used in semiconductor fayetteville birth defect lawsuit manufacturing and agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.