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 costly procedures and special attention.

A New York birth defect attorney can help parents who are grieving and file claims to obtain compensation for future expenses. However, the law imposes strict deadlines on when a claim needs to be filed.

Statute of Limitations

Modern technology and medical advancements have helped to reduce the risks that come with childbirth and pregnancy. Birth defects and injuries do continue to occur. Families need to explore their legal options if they can be prevented.

Many birth defect lawsuits are based on allegations of medical malpractice that occurred. These cases can involve errors made by doctors or nurses at any point during the pregnancy, lawyers labor and delivery procedures. In addition medical professionals can be guilty of medical malpractice following the birth of a child, in the event that 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 malpractice. The time frame is extended for infants. It is important to consult a lawyer whenever you can to ensure that all evidence is collected and that a timely complaint can be filed.

In addition to medical malpractice, a suit could 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 defend these claims on behalf of the family.

Parents should think about the following qualities when selecting an attorney to represent them in a lawsuit for birth injury or defect:

Medical Malpractice

Birth defects can cause various mental and physical issues. Certain birth defects can be fatal. Some of these problems are inherited, whereas others are due to exposure to environmental factors or the use of prescription medications during pregnancy.

A medical professional or doctor could be accused of misconduct in the event of causing birth defects by their actions or inaction. These cases usually involve medical negligence during the birth or labor process. However, they could also include any act or inability to act that is not in the range of the medical standard of care, such as failing to diagnose a condition or prescribing the wrong medication during pregnancy.

One example of case is a medication called teratogens, which can cause birth defects that are serious. During pregnancy, doctors usually advise women to avoid taking this medication, which is commonly used in the treatment of seizures. If the woman is exposed to the drug then she should submit an insurance claim.

It is essential to select an attorney who has previous experience in these cases. Look for a law firm that is experienced in this area, and works on the basis of a contingent fee, which means you won't have to pay a dime unless you get the case won. Find an attorney who has an excellent ability to communicate and negotiate. This can help ensure that your claim is filed before the time limit expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities that require costly medical treatment and accommodations for the child. These problems are usually genetic, but they may also be caused by environmental or chemical exposure or medications taken by the mother during pregnancy.

Drug makers are required to test their products thoroughly and inform the public of any potential risks. Unfortunately certain pharmaceutical companies are not keeping up-to-date with the latest research or fail to anticipate possible side consequences. Furthermore, doctors may prescribe dangerous drugs to patients as well as some women do not get proper information about the risks of taking certain drugs during pregnancy. These drugs, known as teratogens, may cause birth defects, including spina-bifida, in the fetus.

Other substances that could cause birth defects include chemicals employed in the production and agricultural industries as well as heavy metals, like mercury, which are contaminating the groundwater or air. Diane Paolicelli's career in law has been focused on combating powerful corporations that expose women to harmful chemicals and substances that can cause harm to their reproductive health and cause birth defects.

If you decide to file an action against the parties who are responsible for your child's illness it is essential to gather as much evidence as possible. Included in this are ultrasound images as well as blood tests and medical bills that are incurred due to. This information can help the attorney determine the value of the case.

Product Liability

Pregnancy is among the most exciting and nerve-wracking moments in a woman's life. It's also the time when medical professionals make mistakes that can lead to birth defects. An experienced attorney can help parents bring a lawsuit against those responsible for their child's condition and obtain the compensation they deserve.

Medical professionals aren't always able of determining the specific cause of birth defects, but most of them can be attributed to chemical or environmental exposure. This may include contact by parents with toxic chemicals in the workplace, for example solvents and glycol ethers used in semiconductor manufacturing as well as agricultural chemicals used for pesticides and spraying on crops.

Furthermore, manufacturers and those who prescribe prescription medications must inform consumers of the dangers. Yet, a large percentage of these drugs are marketed off-label to women of childbearing age, without warnings about the possibility of birth defects. This is particularly true for antidepressants like Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defects lawsuits against chemical and pharmaceutical companies. He focuses his practice on cases where birth defects result from exposure to toxic chemicals by parents such as those that are employed in the manufacture of semiconductors or in agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.