How To Save Money On Birth Defect Legal
Birth Defect Litigation
Some injuries are out of the parents in their control. Families can be left with huge debts when these injuries require expensive procedures and specialized care.
A New York birth defect lawyer can assist parents in filing claims and receive compensation to cover future costs. The law has strict time limitations for when claims can be filed.
Statute of limitations
Modern technology and medical advances have aided in reducing the risks that are associated with childbirth, pregnancy and birth. Birth defects and injuries persist. If they're preventable, families need to explore their legal options.
Many birth defect lawsuits are founded on allegations of medical malpractice. These cases could involve mistakes committed by nurses or doctors at any time during the labor and delivery procedures. In addition medical professionals could be guilty of medical malpractice following the birth of a child if they fail to provide the proper treatment.
Generally, the statute of limitations in these cases is 2.5 years from the date of the act of medical malpractice. The time limit can be extended for infants. It is nevertheless important to seek legal advice as soon as possible to ensure that all evidence is gathered and that a timely claim be filed.
In addition to medical malpractice, a lawsuit can also be filed on behalf of an infant for birth defects resulting from improper toxic and chemical exposures that occur during a mother's pregnancy. Specially trained birth defect lawyers can investigate and prosecute these claims on behalf of the family.
Parents should be aware of the following characteristics when choosing an attorney to represent their interests in a lawsuit filed for birth injury or defect:
Medical Malpractice
Birth defects can result in a wide range of physical or mental problems. Some birth defects may cause death. Some of these problems are inherited, while others are due to exposure to environmental factors or the use of prescribed drugs during pregnancy.
A doctor or medical professional may be accused of malpractice when they cause birth defects by their actions or inaction. Most cases involve medical negligence during labor or delivery. They also encompass any other be in compliance with a standard of medical care, like, failing to diagnose an illness or prescribing incorrect medication during pregnancy.
One example is involving Teratogens. These drugs can result in birth defects that are serious. During pregnancy, doctors typically recommend women not to take this medication, which is commonly used in the treatment of seizures. If a woman who is pregnant is exposed to this drug, she should file an insurance claim.
It is crucial to select an attorney with experience in these types of cases. Choose a law firm that is experienced in this area and operates on a contingency basis, so there is no cost unless you succeed. Additionally, you should choose a lawyer with strong negotiation and communication abilities. This will help ensure that you file your claim before the statute of limitations expires.
Prescription Drugs
Many birth defects lead to mental or physical disabilities which require expensive medical care and accommodations for the child. These problems are usually genetic, but can also be caused by chemical or environmental exposure or medication taken by the mother during pregnancy.
Drug makers are required to test their products thoroughly and warn consumers about any risks. Unfortunately some pharmaceutical companies fail to keep up with the latest research or anticipate potential side consequences. Some doctors prescribe dangerous drugs to their patients. Some women aren't aware of the risks associated with taking certain drugs while pregnant. These drugs, known as teratogens can cause birth defects, including spina-bifida that can occur in the fetus.
Other substances that could cause birth defects are chemicals used in agriculture and manufacturing as well as heavy metals such as mercury that are contaminating air or groundwater. Diane Paolicelli's legal career has been focused on combating powerful corporations that expose women to toxic chemicals and substances that may damage their reproductive health or lead to birth defects.
It is essential to gather as much evidence as you can prior to filing a suit against the parties responsible. This includes any ultrasound scans, blood tests, and medical bills that arose due to the birth defect. This allows the attorney to determine the financial worth of the case.
Product Liability
Pregnancy is one of the most exciting and nerve-wracking times in a woman's life. But it's also a time where medical professionals often make mistakes that can lead to birth defects. A top lawyer can help parents to file a claim against the medical professionals responsible for their child's condition and obtain the justice they deserve.
Although the causes of birth defects are often unknown to medical professionals however, many of them can be attributed to exposure to chemicals or environmental factors. This could include exposure of parents to toxic chemicals at work, such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used for spraying for crops and pesticides.
In addition, manufacturers and the people who prescribe prescription medications have a responsibility to warn people about the risks. A large number of these drugs are offered to women who are pregnant without warnings about the possibility 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 pharmaceutical and chemical companies. He concentrates his practice on cases involving the occurrence of birth defects caused by parental exposure to toxic chemicals, including those in semiconductor manufacturing and agriculture. He graduated from the American University in Washington, D.C., and Suffolk University Law School.