How To Save Money On Birth Defect Legal
Birth Defect Litigation
Certain injuries are beyond the parents in their control. When these injuries require special medical attention and expensive procedures, it could result in huge costs for families.
A New York birth defect lawyer can assist parents who are shocked to file claims and receive compensation to pay for future expenses. The law has strict time limitations on when claims can be filed.
Statute of limitations
Modern medical technology and advancements in medical science have made it possible to reduce the risks that are associated with childbirth, pregnancy and birth. Birth defects and injuries continue to occur. If they can be prevented, families must consider their legal options.
Many birth defect lawsuits are made on the basis of allegations of medical malpractice that occurred. These cases could involve mistakes made by doctors or nursing staff at any point during labor, birth and pregnancy. In addition medical professionals may be guilty of medical malpractice following a child's birth when they fail to provide proper care.
In general, the statutes of limitations for these cases are 2.5 years after the date of the medical error. For infants this period can be extended. It is important to consult an attorney as soon as you can to ensure that all the evidence is collected, and that a timely complaint be filed.
A lawsuit can be filed on behalf of a child for birth defects that are caused by chemical and toxic exposures during pregnancy. Specially trained birth defect lawyers can investigate and prosecute these claims on behalf of the family.
Parents should think about the following factors when choosing an attorney to represent them in a lawsuit involving birth defects or birth injuries:
Medical Malpractice
Birth defects can lead to an array of mental or physical problems. Some birth defects can be fatal. Certain of these problems could be genetic while others are caused through exposure to the environment or prescription drugs used during pregnancy.
Medical professionals or doctors may be accused of malpractice when they cause birth defects by their actions or inaction. These cases typically are based on medical negligence in labor or delivery. They also encompass any other act which falls below a standard of medical treatment, for instance failing to recognize an illness or prescribing the wrong medication during pregnancy.
One example of this type of case involves a medication called teratogens, which can cause serious birth defects. Doctors usually advise women not to take this medication during pregnancy. It is used to treat seizures. If a woman who is pregnant is exposed to this drug, she should submit an insurance claim.
It is essential to select an attorney with experience in these types of cases. Find a firm that is experienced in this area and works on an hourly basis, which means there is no cost unless you succeed. Choose an attorney with great negotiation and communication skills. This can help ensure that your claim is filed before the time limit expires.
Prescription Drugs
Many birth defects lead to mental or physical disabilities, which require costly medical care and accommodations for the child. These problems are usually caused by genetics, but can also be caused by chemical or environmental exposure, or by medications taken by the mother during pregnancy.
Drug makers are required to thoroughly test their products and inform consumers of any risks. Sadly some pharmaceutical companies fail to keep up with research or anticipate potential side effects. Certain doctors prescribe dangerous medications to their patients and some women aren't aware of the risks of taking certain medications during pregnancy. These are known as teratogens. They can cause birth defects within the fetus including spina Bifida.
Other substances that can cause birth defects are the chemicals used in the manufacturing and agricultural industries, and heavy metals like mercury which affect groundwater or the air. Diane Paolicelli's legal profession has been dedicated to fighting powerful corporations who expose women to toxic chemicals and substances that could cause harm to their reproductive health and lead to birth defects.
If you decide to file an action against the parties accountable for your child's condition it is crucial to gather the most evidence you can. This includes ultrasound images, blood tests, and medical bills that arose as a result of the birth defect. This will help the attorney determine the financial worth of the case.
Product Liability
Pregnancy can be one of the most exciting, and anxiety-inducing experiences in women's lives. It's also the time that medical professionals are prone to making mistakes that cause birth defects. An experienced attorney can help parents to file a claim against the medical professionals accountable for their child's handicap and acquire the compensation they deserve.
While the causes of birth defects are generally unknown to medical professionals, a significant number can be linked to exposure to chemicals or environmental causes. This can be due to exposure by parents to toxic chemicals at work such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used in pesticides and crop spraying.
In addition, the manufacturer and those who prescribe prescription medicines must inform people of their risks. Yet, a substantial portion of these drugs are marketed off-label for women of childbearing age without warnings regarding the risk of birth defects. This is particularly the case with 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 that involve the occurrence of birth defects that result from exposure of parents to toxic chemicals such as those used in semiconductor manufacturing as well as agriculture. He graduated of the American University in Washington, D.C. and Suffolk University Law School.