14 Misconceptions Common To Birth Defect Legal
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Birth Defect Litigation
Certain injuries are beyond the parents or their control. Families are left with a large bill when injuries require costly procedures and special treatment.
A New York birth defect attorney can help parents who are in shock to file a claim to get compensation for future expenses. The law has strict time limitations on when a claim can be filed.
Statute of Limitations
Modern technology and medical advancements have helped reduce the risks of childbirth and pregnancy. However birth defects and injuries continue to occur. Families should consider their legal options when they are preventable.
Many birth defect lawsuits are founded on allegations that medical malpractice occurred. These cases may involve errors made by nurses or doctors personnel at any stage of the birth process, including labor and pregnancy. In addition, medical professionals can commit medical malpractice following the birth of a child, by failing to provide the correct treatment.
Generally, the statute of limitations in these cases is generally 2.5 years from when the act was committed of medical negligence. For infants, the time can be extended. It is essential to speak with a lawyer whenever you can to ensure that all the evidence is gathered, and that a timely complaint can be filed.
In addition to medical malpractice, a suit can also be brought on behalf of a baby 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 defend these claims on behalf of the family.
When choosing an attorney for a birth injury or defect lawsuit parents should look for the following qualities:
Medical Malpractice
Birth defects can trigger an array of mental or physical ailments. Some birth defects can cause death. Some of these issues could be genetic and others may be caused by exposure to environmental factors or prescription medications taken during pregnancy.
A doctor or medical professional could be convicted of malpractice when they cause birth defects through their actions or inaction. These cases usually are caused by medical negligence during labor or delivery. However, they can include any act or inability to act that is not in the range of a medical standard of care, for instance, not diagnosing a medical condition or prescribing the wrong medication during pregnancy.
One such type of situation is a drug called teratogens. It can cause serious birth defects. When pregnant, doctors usually advise women to not take this medication, which is commonly used in the treatment of seizures. If a pregnant woman is exposed to this medication, she must make a claim.
It is essential to select an attorney with prior experience in these types of cases. Find a firm that is specialized in this area and works on a contingency basis, so there is no cost unless you get the case won. Also, search for an attorney with excellent negotiation and communication skills. This will help to ensure that you submit your claim before the time for filing expires.
Prescription Drugs
Many birth defects result in physical or mental disabilities, which require costly medical care and accommodations for the child. These conditions are often genetic, but they may also be caused by environmental or chemical exposure, or by medications taken by the mother during pregnancy.
Drug makers are required to test their products correctly and warn the public of any risks that could be present. Unfortunately some pharmaceutical companies fail to keep up with the latest research or fail to anticipate potential side consequences. Some doctors prescribe dangerous drugs to their patients. Moreover, some women aren't aware of the dangers associated with using certain drugs during pregnancy. These drugs are referred to as teratogens and can cause birth defects in the fetus, such as spina bifida.
Other substances that could cause birth defects are chemicals used in the manufacturing and agricultural industries, and heavy metals like mercury which can contaminate groundwater or air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations which expose women to harmful chemicals and substances that harm their reproductive health and lead to birth defects.
When bringing lawsuits against the parties responsible for your child's condition it is essential to gather as much evidence as you can. Included in this are any ultrasound images, blood tests, and medical bills that are incurred due to. This helps the attorney establish the monetary worth of the case.
Product Liability
Pregnancy can be one of the most exciting, but stressful experiences in women's lives. However, it's also a time when medical professionals can make mistakes that can lead to birth defects. An experienced attorney can help parents in filing an action and obtaining the money they deserve from those who are responsible for the impairment of their child.
Although the causes of birth defects are typically not understood by medical professionals but a large proportion of birth defect law firms defects can be linked to environmental or chemical exposure. This can include parental contact with toxic chemicals in the workplace, like glycolethers and solvents utilized in semiconductor manufacturing as well as agricultural chemicals used for pesticides and spraying crops.
The manufacturers and the people who prescribe medicines are also required to inform the public about the dangers of their products. Yet, a large percentage of these drugs are offered off-label to women of childbearing age, without warnings about the potential for birth defects. This is especially true for antidepressants like Prozac and Zoloft.
Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. He concentrates his practice on cases involving the development of birth defects that result from parental exposure to toxic chemicals, which includes those used in semiconductor manufacturing and agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.
Certain injuries are beyond the parents or their control. Families are left with a large bill when injuries require costly procedures and special treatment.
A New York birth defect attorney can help parents who are in shock to file a claim to get compensation for future expenses. The law has strict time limitations on when a claim can be filed.
Statute of Limitations
Modern technology and medical advancements have helped reduce the risks of childbirth and pregnancy. However birth defects and injuries continue to occur. Families should consider their legal options when they are preventable.
Many birth defect lawsuits are founded on allegations that medical malpractice occurred. These cases may involve errors made by nurses or doctors personnel at any stage of the birth process, including labor and pregnancy. In addition, medical professionals can commit medical malpractice following the birth of a child, by failing to provide the correct treatment.
Generally, the statute of limitations in these cases is generally 2.5 years from when the act was committed of medical negligence. For infants, the time can be extended. It is essential to speak with a lawyer whenever you can to ensure that all the evidence is gathered, and that a timely complaint can be filed.
In addition to medical malpractice, a suit can also be brought on behalf of a baby 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 defend these claims on behalf of the family.
When choosing an attorney for a birth injury or defect lawsuit parents should look for the following qualities:
Medical Malpractice
Birth defects can trigger an array of mental or physical ailments. Some birth defects can cause death. Some of these issues could be genetic and others may be caused by exposure to environmental factors or prescription medications taken during pregnancy.
A doctor or medical professional could be convicted of malpractice when they cause birth defects through their actions or inaction. These cases usually are caused by medical negligence during labor or delivery. However, they can include any act or inability to act that is not in the range of a medical standard of care, for instance, not diagnosing a medical condition or prescribing the wrong medication during pregnancy.
One such type of situation is a drug called teratogens. It can cause serious birth defects. When pregnant, doctors usually advise women to not take this medication, which is commonly used in the treatment of seizures. If a pregnant woman is exposed to this medication, she must make a claim.
It is essential to select an attorney with prior experience in these types of cases. Find a firm that is specialized in this area and works on a contingency basis, so there is no cost unless you get the case won. Also, search for an attorney with excellent negotiation and communication skills. This will help to ensure that you submit your claim before the time for filing expires.
Prescription Drugs
Many birth defects result in physical or mental disabilities, which require costly medical care and accommodations for the child. These conditions are often genetic, but they may also be caused by environmental or chemical exposure, or by medications taken by the mother during pregnancy.
Drug makers are required to test their products correctly and warn the public of any risks that could be present. Unfortunately some pharmaceutical companies fail to keep up with the latest research or fail to anticipate potential side consequences. Some doctors prescribe dangerous drugs to their patients. Moreover, some women aren't aware of the dangers associated with using certain drugs during pregnancy. These drugs are referred to as teratogens and can cause birth defects in the fetus, such as spina bifida.
Other substances that could cause birth defects are chemicals used in the manufacturing and agricultural industries, and heavy metals like mercury which can contaminate groundwater or air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations which expose women to harmful chemicals and substances that harm their reproductive health and lead to birth defects.
When bringing lawsuits against the parties responsible for your child's condition it is essential to gather as much evidence as you can. Included in this are any ultrasound images, blood tests, and medical bills that are incurred due to. This helps the attorney establish the monetary worth of the case.
Product Liability
Pregnancy can be one of the most exciting, but stressful experiences in women's lives. However, it's also a time when medical professionals can make mistakes that can lead to birth defects. An experienced attorney can help parents in filing an action and obtaining the money they deserve from those who are responsible for the impairment of their child.
Although the causes of birth defects are typically not understood by medical professionals but a large proportion of birth defect law firms defects can be linked to environmental or chemical exposure. This can include parental contact with toxic chemicals in the workplace, like glycolethers and solvents utilized in semiconductor manufacturing as well as agricultural chemicals used for pesticides and spraying crops.
The manufacturers and the people who prescribe medicines are also required to inform the public about the dangers of their products. Yet, a large percentage of these drugs are offered off-label to women of childbearing age, without warnings about the potential for birth defects. This is especially true for antidepressants like Prozac and Zoloft.
Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. He concentrates his practice on cases involving the development of birth defects that result from parental exposure to toxic chemicals, which includes those used in semiconductor manufacturing and agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.