How To Save Money On Birth Defect Legal
Birth Defect Litigation
Parents want their children to be perfect, but some injuries happen out of their control. Families may be left with a large bill when injuries require expensive procedures and special treatment.
A New York birth defect attorney can help parents who are in shock to file an action to receive compensation for future expenses. The law has strict time limits for when claims can be filed.
Statute of Limitations
Modern medical technology and advances have reduced the risks that are associated with childbirth, pregnancy and birth. Birth defects and injuries do persist. Families must consider their legal options if they are preventable.
Many birth defect lawsuits are based upon allegations of medical malpractice. These lawsuits can result from mistakes committed by nurses or doctors staff at any point during pregnancy, labor and birth. Additionally medical professionals may be guilty of medical malpractice after a child's birth in the event that they fail to provide proper treatment.
In general, the statutes of limitation for these cases is 2.5 years after the date of the medical negligence. This time period can be extended for infants. It is essential to speak with an attorney as soon as you can to ensure that all the evidence is gathered, and that a timely complaint be filed.
A lawsuit may be filed on behalf of a baby for birth defect lawsuits birth defects that are caused by chemical and toxic exposures during pregnancy. Lawyers specially trained in birth defects can examine the claims and then prosecute them on behalf of the family.
Parents should take into consideration the following aspects when choosing an attorney to represent them in a suit for birth defects or injuries:
Medical Malpractice
Birth defects can cause various mental and physical problems. 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.
Medical professionals or doctors could be convicted of malpractice when they cause birth defects through their actions or inaction. These cases usually involve medical negligence during labor or delivery. However, they can comprise any act or failure to act that is in violation of the medical standard of care, such as failing to diagnose a problem or prescribing the wrong medication during pregnancy.
One example of this type of case involves a medication known as teratogens, which could cause serious birth defects. When pregnant, doctors usually advise women to stay clear of this medication, which is commonly used to treat seizures. If the woman is exposed to the drug, it is recommended that she submit a claim.
It is important to choose an attorney who has handled these types of cases. Choose a law firm that is specialized in this area and operates on an on a contingency basis, meaning you don't pay anything unless you get the case won. Choose an attorney with an excellent ability to communicate and negotiate. This will ensure that you make your claim in time 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. The majority of these problems are genetic, however some of them can be caused by chemical or environmental exposure or medication that the mother was taking during pregnancy.
Drug manufacturers are required to test their products correctly and warn the public of any potential risks. Unfortunately, some pharmaceutical companies do not keep up-to-date with the latest research or fail to anticipate possible adverse consequences. Certain doctors prescribe dangerous medications to their patients. Moreover, some women aren't aware of the dangers associated with taking certain drugs while pregnant. These drugs, referred to as teratogens can cause birth defects such as spina-bifida, in the fetus.
Other substances that can cause birth defects are chemicals used in the manufacturing and agricultural industries, as well as heavy metals like mercury, which contaminate air or groundwater. Diane Paolicelli's career in law has been dedicated to fighting powerful corporations that expose women to toxic substances and chemicals that can harm their reproductive health or lead to birth defects.
It is important to collect as many evidences as you can before making a claim against the parties accountable. This includes blood tests, ultrasound images, and medical bills that arose because of the birth defect lawyers defect. This assists the attorney in determining the financial worth of the case.
Product Liability
Pregnancy is among the most exciting, yet anxious experiences of a woman's lifetime. But it's also a time when many medical professionals make mistakes that could cause birth defects. An experienced attorney can help parents in submitting an action and obtaining the amount they deserve from those who are responsible for the impairment of their child.
Medical experts aren't always able determine the exact cause of birth defects, but many of them can be attributable to environmental or chemical exposure. This can include exposure by parents to harmful chemicals at work, such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used in pesticides and crop spraying.
The manufacturers and the people who prescribe medication must also warn the public about the risks. A significant portion of these medications are sold to pregnant women without warnings about the risk of birth defect. This is particularly true for antidepressants like Prozac and Zoloft.
Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. His practice is centered around cases involving the occurrence of birth defects due to parental exposure to toxic chemicals, including those used in semiconductor manufacturing as well as agriculture. He is a graduate from the American University in Washington, D.C. and Suffolk University Law School.
