• 목록
• 답변
• 글쓰기
• 게시판 리스트 옵션
  • 수정
  • 삭제

Birth Defect Litigation

Parents want perfect babies However, some injuries occur beyond their control. Families can be left with huge debts when these injuries require expensive procedures and special care.

A New York birth defect lawyer can assist parents in filing a claim and get compensation to cover future expenses. The law has strict time limits on when claims can be filed.

Statute of limitations

Modern technology and medical advances have helped to reduce the risks associated with childbirth and pregnancy. Birth defects and injuries remain a possibility. Families should consider their legal options if they are preventable.

Many birth defect lawsuits are based upon allegations of medical malpractice. These cases may involve errors committed by nurses or doctors staff at any stage of labor, pregnancy and birth. Additionally medical professionals could be guilty of medical malpractice following the birth of a child by failing to provide proper care.

Generally speaking, the statute of limitations in these cases is generally 2.5 years from the date of the incident of medical negligence. This time frame may be extended for infants. It is important to consult an attorney as soon as you can to ensure that all the evidence is collected and that a timely complaint can be filed.

In addition to medical malpractice, a lawsuit can also be brought on behalf of an infant for birth defects caused by wrongful exposure to chemicals and toxic substances that take place during the mother's pregnancy. Specially trained birth defect lawyers can investigate and defend these claims on behalf of the family.

Parents should be aware of the following characteristics when choosing an attorney to represent them in a lawsuit for birth defect or injury:

Medical Malpractice

Birth defects can lead to various mental and physical problems. Some of them could be fatal. Some of these issues are caused by genetics, while others are caused by exposure to environmental factors or the use of prescription drugs during pregnancy.

A doctor or medical professional could 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 perform a task that is not within the standard of medical care, such as, failing to diagnose an illness or prescribing incorrect medication during pregnancy.

One such type of case involves a medication called teratogens. It can cause birth defects that are serious. During pregnancy, doctors typically recommend women not to take this medication, which is used in the treatment of seizures. If a pregnant woman is exposed to this medication, she must file a claim.

It is essential to select an attorney who has handled these kinds of cases. Look for a law firm that specializes in this field and operates on an on a contingency basis, meaning you don't pay anything unless you succeed. Choose an attorney with outstanding negotiation and communication skills. This will ensure that you file your claim before the time limit expires.

Prescription Drugs

A variety of birth defects cause mental or physical disabilities that require costly medical treatment and accommodations for the child. The majority of these problems are inherited, but a few of them may be caused by environmental or chemical exposure, or medications that the mother took while pregnant.

Drug makers are required to adequately test their products and warn consumers about any potential risks. Unfortunately certain pharmaceutical companies fail to keep up with the latest research or fail to anticipate potential adverse effects. Furthermore, doctors may prescribe dangerous drugs to patients as well as some women do not receive adequate information on the risks of taking certain drugs during pregnancy. These drugs, referred to as teratogens can cause birth defects, like spina-bifida, in the fetus.

Other substances that can cause birth defects are chemicals used in the manufacturing and agricultural industries, and heavy metals like mercury that affect groundwater or the air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women chemicals and other substances that cause harm to their reproductive health and lead to birth defects.

It is crucial to collect as all evidence you can prior to making a claim against the responsible parties. This includes any ultrasound images, blood tests and medical bills incurred due to the birth defect. This helps the attorney establish the monetary worth of the case.

Product Liability

Pregnancy is among the most exciting and nerve-wracking experiences a woman can go through in her life. But it's also a time when many medical professionals make mistakes that can lead to birth defects. A top lawyer can help parents file a claim against those accountable for their child's handicap and obtain the compensation they deserve.

Medical experts are not always able determine the root of birth defects, however the majority of them can be caused by environmental or chemical exposure. This could include exposure of parents to toxic chemicals in the workplace such as solvents and glycol ethers in semiconductor manufacturing, as well as agricultural chemicals used in spraying crops and pesticides.

In addition, the manufacturer and those who prescribe prescription medicines have a responsibility to inform people of their risks. A significant portion of these drugs are offered to women who are pregnant without warnings of the possibility 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 pharmaceutical and chemical companies. He focuses his practice on cases where birth defects result from parental exposure to toxic chemical such as those used in semiconductor manufacturing or agriculture. He graduated of the American University in Washington, D.C. as well as Suffolk University Law School.