How To Save Money On Birth Defect Legal
Birth Defect Litigation
Parents want perfect children, but some injuries happen outside their control. Families may be left with huge bills when these injuries require expensive procedures and specialized care.
A New York birth defect attorney can assist parents who are in shock to file claims to obtain compensation for future expenses. The law has strict time limits on when a claim may be filed.
Statute of limitations
Modern technology and medical advancements have aided in reducing the risks related to pregnancy, childbirth and birth. However, birth defects and injuries still occur. Families need to explore their legal options if they can be prevented.
Many birth defect lawsuits stem from allegations of medical malpractice. These lawsuits can result from mistakes committed by nurses or doctors staff at any time during labor, pregnancy and birth defect law firms. Additionally, medical professionals can commit medical malpractice after the birth of a child when they fail to provide proper care.
In general, the statutes of limitations for these cases are 2.5 years from the date of the medical malpractice. For infants this period can be extended. However, it is important to seek legal counsel immediately to ensure that all evidence is gathered and that a timely claim can be filed.
In addition to medical malpractice, a lawsuit could also be filed on behalf of an infant for birth defects caused by improper exposure to chemicals and toxic substances that take place during the mother's pregnancy. Lawyers specially trained in birth defects are able to investigate these claims and pursue them on behalf of the family.
Parents should be aware of the following aspects when choosing an attorney to represent their interests in a lawsuit filed for birth defect or birth defect attorney injury:
Medical Malpractice
Birth defects can cause a variety of mental and physical ailments. Some of them may even be fatal. Some of these issues may be caused by genetics and others may be caused by environmental exposures or prescription medications used during pregnancy.
A doctor or medical professional could be convicted of malpractice when they cause birth defects through their actions or inaction. The majority of these cases are based on medical negligence in delivery or labor. However, they could also include any act or inability to act that is not in the range of a medical standard of care, for instance, failing to recognize a medical issue or prescribing the wrong medication during pregnancy.
One example is involving Teratogens. These medications can lead to serious birth defects. Doctors usually advise women not to take this medication during pregnancy. It is used to treat seizures. If an individual is exposed to the drug she must make an action.
It is vital to choose an attorney who has previous experience in these cases. Find a law firm that is experienced in this area and works on a contingency basis, so you don't pay anything unless you succeed. Choose an attorney with excellent communication and negotiation skills. This will ensure that your claim is filed before the time for filing expires.
Prescription Drugs
Many birth defects can cause physical or mental disabilities that require expensive medical treatment and accommodations for the child. These problems are usually genetic, but they may also be caused by chemical or environmental exposure or medication taken by the mother during pregnancy.
Drug manufacturers are required to test their products thoroughly and inform consumers of any risks. Sadly some pharmaceutical companies fail to keep up with research or anticipate potential side effects. In addition, doctors can prescribe dangerous drugs to patients, and some women do not get proper information about the risks of taking certain drugs during pregnancy. These are known as teratogens and can cause birth defects within the fetus including spina Bifida.
Other substances that could cause birth defects are the chemicals used in the agricultural and manufacturing industries, and heavy metals like mercury that can contaminate groundwater or air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women to harmful chemicals and other substances that harm their reproductive health and cause birth defects.
It is important to collect as the evidence you can prior to making a claim against the responsible parties. This includes ultrasound scans, blood tests and medical bills that came up due to the birth defect. This information assists the attorney determine the worth of the case.
Product Liability
Pregnancy is among the most thrilling and stressful times in a woman's life. But it's also a period where medical professionals often make mistakes that can cause birth defects. A reputable attorney can assist parents in filing an action and obtaining the compensation they deserve from those responsible for the disability of their child.
Medical experts aren't always able determine the root of birth defects, but the majority of them can be attributed to chemical or environmental exposure. This could include contact from parents with toxic chemicals in the workplace, for example solvents and glycol ethers used in semiconductor manufacturing and agricultural chemicals for pesticides and spraying on crops.
Additionally, the manufacturers and the people who prescribe prescription medications must inform people about the risks. A large number of these drugs is marketed to women who are pregnant without warnings about the risk of birth defect. This is particularly true for antidepressants such as Prozac and Zoloft.
Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. He concentrates his practice on cases involving the occurrence of birth defects caused by parental exposure to toxic chemicals, such as the ones used in semiconductor manufacturing and agriculture. He is a graduate of the American University in Washington, D.C., and Suffolk University Law School.
