How To Save Money On Birth Defect Legal
Birth Defect Litigation
Parents want their children to be perfect, but some injuries happen outside of their control. Families could be faced with huge debts when these injuries require expensive procedures and specialized care.
A New York birth defect attorney can assist parents who are in shock to file an appeal to be compensated for future expenses. The law has strict deadlines on when a claim may be filed.
Statute of Limitations
Modern technology and medical advances have reduced the risks that are associated with childbirth, pregnancy and birth. However, birth defects and injuries continue to occur. When they are preventable, families should consider their legal options.
Many birth defect lawsuits are founded on allegations of medical malpractice. These lawsuits can result from mistakes made by doctors or nursing staff at any time during pregnancy, labor and birth. Medical professionals can also be negligent after the birth of a baby if they fail provide proper treatment.
In general the statute of limitations for these cases is 2.5 years after the date of the medical mistake. The time limit is extended for infants. It is nevertheless important to seek legal advice as soon as possible to ensure that all evidence has been collected and that a timely claim can be filed.
In addition to medical malpractice, a suit could also be filed on behalf of a baby for birth defects caused by improper toxic and chemical exposures that take place during the mother's pregnancy. Specially trained birth defect lawyers can investigate and defend these claims on behalf of the family.
Parents should consider the following qualities when selecting an attorney to represent them in a lawsuit involving birth injury or defect:
Medical Malpractice
Birth defects can lead to many mental or physical ailments. Some of them may even be fatal. Some of these issues are caused by genetics, while others are caused by exposure to the environment or the use of prescription drugs during pregnancy.
A doctor or medical professional could be convicted of malpractice if they cause birth defects by their actions or inaction. The majority of these cases are caused by medical negligence during delivery or labor. However, they can also include any act or inability to act in excess of the medical standard of care, for instance, failing to diagnose a condition or prescribing the wrong medication during pregnancy.
One such type of situation is a drug called teratogens, which can cause serious birth defects. When pregnant, doctors usually advise women to stay clear of this medication, which is used in the treatment of seizures. If a woman who is pregnant is exposed to this medication, she must make a claim.
It is important that you select an attorney with previous experience in these cases. Find a firm that is specialized in this area and works on a contingency basis, so you don't pay anything unless you are successful. Find an attorney who has outstanding negotiation and communication skills. This will help ensure that you file your claim before the statute of limitations expires.
Prescription Drugs
A variety of birth defects cause mental or physical disabilities that require costly medical treatment and accommodations for the child. These issues are often caused by genetics, but can also be caused by environmental or chemical exposure or medications taken by the mother during pregnancy.
Pharmaceutical manufacturers are required to test their products correctly and inform the public of any risks that could be present. Unfortunately some pharmaceutical companies fail to keep up to date with the latest research or fail to anticipate possible side consequences. Moreover, doctors may prescribe dangerous drugs to their patients, and some women do not have adequate information about the risks associated with taking certain medications during pregnancy. These drugs, known as teratogens may cause birth defects, including spina-bifida in the fetus.
Other substances that can cause birth defects are chemicals used in the manufacturing and agricultural industries, and heavy metals like mercury which pollute groundwater and air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations which expose women to harmful chemicals and substances that cause harm to their reproductive health and cause birth defect law firms defects.
It is crucial to gather as the evidence you can prior to filing a lawsuit against the parties responsible. Included in this are ultrasound images, blood tests, and medical bills that are incurred due to. This information will help the attorney to determine the worth of the case.
Product Liability
Pregnancy is among the most exciting and nerve-wracking events in a woman's lifetime. It's also a time when medical professionals can make mistakes that can lead to birth defects. A reputable attorney can assist parents in submitting an action and obtaining the compensation they deserve against those who are responsible for the impairment of their child.
Medical experts aren't always able determine the causes of birth defects, however many of them can be caused by environmental or chemical exposure. This may include contact by parents with toxic chemicals in the workplace, like solvents and glycol ethers used in semiconductor manufacturing, as well as agricultural chemicals used for pesticides as well as crop spraying.
Furthermore, manufacturers and those who prescribe prescription medicines must inform patients of the risks. A large number of these drugs is marketed to women who are pregnant, without warnings of the potential for birth defects. 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 development of birth defects that result from exposure of parents to toxic chemicals, including 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.