15 Incredible Stats About Birth Defect Legal
Birth Defect Litigation
Parents want their children to be perfect however, there are some injuries that occur outside their control. If injuries that result from these accidents require special medical attention and expensive procedures, it can result in huge costs for families.
A New York birth defect attorney can help parents who are in shock to file an appeal to be compensated for future expenses. The law has strict deadlines on when a claim can be filed.
Statute of Limitations
Modern technology and medical advancements have helped reduce the risks associated with childbirth and pregnancy. However, birth defects and injuries do occur. Families must consider their legal options if they can be prevented.
Many birth defect lawsuits are based upon allegations of medical malpractice. These cases may involve mistakes committed by nurses or doctors at any point during the labor and delivery processes. In addition, medical professionals can commit medical malpractice following the birth of a child if they fail to provide proper care.
Generally, the statute of limitations in these cases is generally 2.5 years from the date of the incident of medical malpractice. For infants, the time period may be extended. It is essential to speak with an attorney whenever you can to ensure that all evidence is gathered, and that a timely complaint be filed.
A lawsuit may be filed on behalf of a baby for birth defects caused by toxic and chemical exposures during pregnancy. Lawyers specially trained in birth defects can investigate and prosecute these claims on behalf of the family.
When choosing an attorney for a birth defect law firm injury or defect lawsuit parents should consider the following qualities:
Medical Malpractice
Birth defects can result in a wide range of mental or physical issues. Some of them may even be fatal. Some of these problems are genetic, but 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 misconduct if they cause a birth defect through their actions or inaction. The majority of these cases are due to medical negligence during delivery or labor. However, they can also be a result of any action or failure to act in excess of a medical standard of care, such as not diagnosing a medical condition or prescribing the wrong medication during pregnancy.
One instance of case is a medication called teratogens. This medication can cause serious birth defects. Doctors typically advise women to take this medication during pregnancy. It is used to treat seizures. If a pregnant woman is exposed to this medication, she must file a claim.
It is essential to select an attorney who is experienced in handling these types of cases. Choose a law firm that is experienced in this area and works on the basis of a contingent fee, which means you don't pay anything unless you win. Choose an attorney with outstanding negotiation and communication skills. 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 conditions are often genetic, but they can also be caused by chemical or environmental exposure or the use of medications by the mother during pregnancy.
Pharmaceutical manufacturers are required to test their products thoroughly and inform the public about any potential risks. Unfortunately, some pharmaceutical companies are not keeping up-to-date with current research or fail to anticipate potential adverse effects. In addition, doctors can prescribe dangerous medications to their patients and women may not receive adequate information on the risks associated with taking certain drugs during pregnancy. These drugs are referred to as teratogens. They can cause birth defects within the fetus including spina bifida.
Other substances that can cause birth defects are chemicals used in the manufacturing and agricultural industries, as well as heavy metals like mercury, which affect groundwater or the air. Diane Paolicelli's career in law has been dedicated to fighting powerful corporations who expose women to toxic chemicals and substances that can harm their reproductive health or lead to birth defects.
When bringing a lawsuit against the parties that are accountable for your child's health It is crucial to gather as much evidence as you can. This includes ultrasound images, blood tests, and medical bills that arise as a result of the birth defect. This information can help the attorney determine the value of the case.
Product Liability
Pregnancy can be one of the most exciting, but anxiety-inducing experiences in the life of a woman. But it's also a period where many medical professionals make mistakes that could lead to birth defects. A top lawyer can assist parents in submitting a claim and obtaining the compensation they deserve against those who are responsible for the impairment of their child.
Medical experts aren't always able to determine the root of birth defects, but a large number can be caused by environmental or chemical exposure. This may include contact by parents with toxic chemicals in the workplace, for example glycol ethers and solvents that are used in semiconductor manufacturing as well as agricultural chemicals used for pesticides and crop spraying.
Manufacturers and those who prescribe medicines must also inform people about the dangers. However, a significant portion of these medications are sold off-label for women of childbearing age without warnings regarding the potential for 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 by parents such as those that are used in semiconductor manufacturing or agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.
