This Is The Advanced Guide To Birth Defect Legal
olympia birth defect lawsuit Defect Litigation
Parents want perfect children, but some injuries happen outside of their control. If these injuries require special care and costly procedures, it can cause families to incur huge costs.
A New York birth defect attorney can assist parents who are in shock to file a claim to get compensation for future expenses. However, the law puts strict time limitations on when a claim should be filed.
Statute of limitations
Modern technology and medical advancements have helped reduce the risks associated with pregnancy and childbirth. Birth defects and injuries do remain a possibility. Families need to consider their legal options when they can be prevented.
Many birth defect lawsuits are based upon allegations of medical malpractice. These cases could involve mistakes committed by nurses or doctors at any time during the labor and birth procedures. In addition, medical professionals can commit medical malpractice following the birth of a child, in the event that they fail to provide the proper treatment.
In general the statute of limitations for these cases are 2.5 years after the date of the medical malpractice. For infants this period can be extended. It is important to consult a lawyer immediately to ensure that all the evidence is gathered, and that a timely complaint can be filed.
A lawsuit can be filed on behalf of a child to claim birth defects that are caused by chemical and toxic exposures during the pregnancy. Lawyers specially trained in birth defects can investigate and prosecute these claims on behalf of the family.
Parents should take into consideration the following aspects when choosing an attorney to represent them in a lawsuit for birth injury or defect:
Medical Malpractice
Birth defects can result in many mental or physical issues. Certain birth defects could cause death. Some of these problems are inherited, whereas others are caused by exposure to the environment or the use of prescription drugs during pregnancy.
A doctor or medical professional could be accused of malpractice when they cause birth defects through their actions or inaction. These cases are usually due to medical negligence during delivery or labor. However, they can be a result of any action or failure to act that is not in the range of the medical standard of care, like not diagnosing a medical condition or prescribing the wrong medication during pregnancy.
One example involves teratogens. These drugs can cause serious birth defects. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If a woman who is pregnant is exposed to this drug, she should file a claim.
It is important to select an attorney who has handled these kinds of cases. Find a firm that is specialized in this field and operates on an on a contingency basis, meaning there is no cost unless you succeed. Additionally, you should choose an attorney with excellent negotiation and communication abilities. This will ensure that your claim is filed before the time for filing expires.
Prescription Drugs
Many birth defects cause mental or physical disabilities, that require expensive medical treatment and accommodations for the child. Most often, these disorders are inherited, but a few can be caused by chemical or environmental exposure, or by medications the mother was taking during pregnancy.
Pharmaceutical manufacturers are required to test their products correctly and warn the public of any risks that could be present. Sadly some pharmaceutical companies fail to keep up with the latest research or anticipate possible side consequences. Furthermore, doctors may prescribe dangerous medications to their patients, and some women do not receive adequate information on the dangers of taking certain drugs during pregnancy. These drugs, known as teratogens, may cause albemarle birth defect attorney defects such as spina-bifida that can occur in the fetus.
Other substances that can cause birth defects are chemicals used in the agricultural and manufacturing 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 can harm their reproductive health and cause birth defects.
It is essential to gather as much evidence as you can before filing a lawsuit against the parties responsible. Included in this are any ultrasound images and blood tests as well as medical bills that are incurred as a result. This assists the attorney in determining the value of the case.
Product Liability
Pregnancy is one of the most exciting and nerve-wracking moments in a woman's life. It's also a time where medical professionals can make mistakes that cause birth defects. An experienced attorney can assist parents to file a claim against the medical professionals responsible for their child's condition and wauseon birth defect Law firm obtain the proper compensation they're entitled to.
Medical experts are not always able to pinpoint the causes of birth defects, but a large number can be due to environmental or chemical exposure. This can be due to exposure by parents to toxic chemicals in the workplace such as glycol ethers and solvents in semiconductor manufacturing, as well as agricultural chemicals used in crop spraying and pesticides.
Furthermore, manufacturers and the people who prescribe prescription medications have a responsibility to inform people of their risks. However, a significant portion of these medications are sold off-label for 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 Morris Birth Defect Lawyer defect lawsuits against chemical and pharmaceutical companies. His practice is centered around cases where birth defects result from parental exposure to toxic chemical such as those used in semiconductor manufacturing or farming. He graduated from American University in Washington, D.C. and Suffolk University Law School.