• 목록
• 글쓰기
• 게시판 리스트 옵션
  • 수정
  • 삭제

Birth Defect Litigation

Some injuries are beyond the parents in their control. If injuries that result from these accidents require special treatment and expensive procedures, it could leave families with huge expenses.

A New York birth defect attorney can assist parents who are in shock to file a claim to get 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 helped to reduce the risks associated with childbirth and pregnancy. However, birth defects and injuries do occur. Families need to consider their legal options when they are preventable.

Many birth defect lawsuits are based upon allegations of medical malpractice. These cases may involve mistakes committed by nurses or doctors at any time during the birth, labor and delivery processes. Additionally, medical professionals can commit medical malpractice after the birth of a child, in the event that they fail to provide the correct treatment.

Generally speaking, the time-limit for these cases is 2.5 years from when the act was committed of medical malpractice. This time frame is extended for 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.

In addition to medical malpractice, a lawsuit can also be filed on behalf of an infant for birth defects that result from wrongful toxic and chemical exposures that occur during the mother's pregnancy. Lawyers specially trained in birth defects can investigate and pursue these claims on behalf of the family.

Parents should think about the following qualities when selecting an attorney to represent them in a suit for birth injury or defect:

Medical Malpractice

Birth defects can lead to various physical and mental problems. Some birth defects may cause death. Some of these problems are inherited, while others are caused by exposure to the environment or the use of prescription drugs during pregnancy.

A doctor or medical professional can be accused of negligence when they cause birth defects due to their actions or inaction. These cases typically involve medical negligence during the birth or labor process. However, they can also include any act or inability to act that is not in the range of the medical standard of care, for instance, failing to diagnose a condition or prescribing the wrong medication during pregnancy.

One example involves the teratogens. These medications can cause birth defects that are serious. When pregnant, doctors usually advise women to avoid taking this medication, which is used to treat seizures. If a woman is exposed to the drug, she must submit an action.

It is vital to select an attorney with expertise in these kinds of cases. Find a firm that specializes in this field and operates on a contingency basis, so you don't pay anything unless you succeed. Look for an attorney who has excellent communication and negotiation skills. This will ensure that you file your claim before the statute of limitations expires.

Prescription Drugs

Many birth defects result in physical or mental disabilities, that require costly medical treatment and accommodations for the child. Most often, these disorders are genetic, but some of them can be caused by environmental or chemical exposure or medication that the mother consumed during pregnancy.

Pharmaceutical manufacturers are required to thoroughly test their products and warn consumers of any risks. Unfortunately certain pharmaceutical companies are not keeping up with the latest research or fail to anticipate potential adverse effects. In addition, doctors can prescribe dangerous drugs to their patients, and some women do not receive the correct information regarding the risks of taking certain medications during pregnancy. These drugs are known as teratogens, and they can cause birth defects in the fetus, including spina bifida.

Other substances that could cause Birth defect lawsuit defects are chemicals that are used in manufacturing and agriculture, as well as heavy metals such as mercury, which are contaminating the groundwater or air. Diane Paolicelli's legal career is dedicated to fighting powerful corporations that expose women to toxic substances and chemicals that can cause harm to their reproductive health and cause birth defect law firms defects.

If you decide to file lawsuits against the people who are responsible for your child's illness it is crucial to gather as much evidence as you can. Included in this are any ultrasound images as well as blood tests and medical bills incurred due to. This assists the attorney in determining the financial worth of the case.

Product Liability

Pregnancy is among the most thrilling and stressful experiences a woman can go through in her life. It's also a time when medical professionals make mistakes that can lead to birth defects. An experienced attorney can help parents file a claim against those who are responsible for their child's disabilities and acquire the amount of compensation they deserve.

Medical experts are not always able to pinpoint the specific cause 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 glycol ethers and solvents that are used in semiconductor manufacturing as well as agricultural chemicals for pesticides and spraying crops.

In addition, manufacturers and the people who prescribe prescription medications must inform people of their risks. Yet, a large percentage of these drugs are sold off-label to women of childbearing age without warnings regarding the risk of birth defects. This is particularly applicable to antidepressants, such as Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. He focuses his practice on cases where birth defects are caused by exposure to toxic chemicals in the home by parents such as those employed in semiconductor manufacturing or agricultural. He graduated of the American University in Washington, D.C. as well as Suffolk University Law School.