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

Birth Defect Litigation

Some injuries are beyond the parents of their control. Families could be faced with huge debts when these injuries require costly procedures and special attention.

A New York birth defect lawyer can assist parents who are shocked to file an appeal and obtain compensation to pay for future expenses. However, the law places strict deadlines on when a claim should be filed.

Statute of limitations

Modern technology and medical advances have helped to reduce the risks associated with pregnancy and childbirth. However birth defects and injuries continue to occur. Families need to explore their legal options when they can be prevented.

Many birth defect lawsuits are stemming from accusations of medical malpractice. These cases could involve mistakes committed by nurses or doctors at any point in the birth, labor and delivery processes. Medical professionals may also be negligent following the birth of a child if they fail provide proper treatment.

Generally, the time limit for these cases is generally 2.5 years from the date of the occurrence of medical malpractice. For infants, this period can be extended. It is nevertheless important to seek legal counsel as soon as you can to ensure that all evidence is collected and that a timely claim be filed.

In addition to medical malpractice, a suit can also be brought on behalf of a baby for birth defects caused by improper toxic and chemical exposures that occur during the mother's pregnancy. Specially trained birth defect lawyers can investigate and prosecute these claims on behalf of the family.

When choosing an attorney to represent them in a birth injury or defect lawsuit parents should consider the following characteristics:

Medical Malpractice

Birth defects can trigger a wide range of mental or physical ailments. Some of them may even be fatal. Some of these issues could be genetic while others are caused by environmental exposures or prescription drugs taken during pregnancy.

A doctor or medical professional could be accused of malpractice when they cause birth defects by their actions or inaction. These cases usually involve medical negligence during the birth defect lawyers or labor process. However, they could also be a result of any action or failure to act that is in violation of a medical standard of care, such as failing to recognize a medical issue or prescribing the wrong medicine during pregnancy.

One instance of case involves a medication called teratogens, which can cause birth defects that are serious. 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, it is recommended that she file an action.

It is important to choose an attorney who is experienced in handling these types of cases. You should choose a firm that has years of experience in this field and is based on contingency, meaning that you don't pay anything until you win. Also, look for an attorney who has strong communication and negotiation abilities. This will help ensure that you make your claim in time before the time for filing expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities which require costly medical care and accommodations for the child. These disorders are usually genetic, but they can also be caused by chemical or environmental exposure or medications taken by the mother during pregnancy.

Pharmaceutical manufacturers are required to thoroughly test their products and warn consumers about any potential risks. Unfortunately, some pharmaceutical companies fail to keep up-to-date with the latest research or fail to anticipate potential side effects. Furthermore, doctors may prescribe dangerous medicines to their patients and women may not receive the correct information regarding the dangers of taking certain medications during pregnancy. These medications are referred to as teratogens, and they may cause birth defects in the fetus, such as spina bifida.

Other substances that can cause birth defects are chemicals used in the agricultural and manufacturing industries, as well as heavy metals like mercury, which affect groundwater or the air. Diane Paolicelli's legal career has been dedicated to fighting powerful corporations that expose women to harmful substances and chemicals that can damage their reproductive health or lead to birth defects.

It is important to collect as the evidence you can before filing a suit against the party responsible. This includes any ultrasound scans, blood tests, and medical bills that arose because of the birth defect. This information will help the attorney to determine the value of the case.

Product Liability

Pregnancy is among the most thrilling and stressful moments in a woman's life. It's also a time where medical professionals can make mistakes that cause birth defects. A reputable attorney can assist parents in filing a claim and obtaining the money they deserve from the people responsible for the disabilities of their child.

While the causes of birth defects are usually unknown to medical professionals but a large proportion of birth defects are linked with exposure to chemicals or the environment. This can include parental contact with toxic chemicals in the workplace, like glycol ethers and solvents used in semiconductor manufacturing and agricultural chemicals for pesticides and spraying on crops.

The pharmaceutical companies and those who prescribe medication are also obliged to inform the public about their risks. However, a significant portion of these medications are sold off-label for women of childbearing age without proper warnings about the possibility of birth defects. 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. His practice is centered around cases where birth defects are caused by parental exposure to toxic chemical like those employed in semiconductor manufacturing or farming. He graduated of the American University in Washington, D.C. as well as Suffolk University Law School.