Responsible For An Birth Defect Legal Budget? 12 Ways To Spend Your Money

Birth Defect Litigation

Some injuries are out of the parents of their control. When these injuries require special treatment and costly procedures, it could leave families with huge expenses.

A New York birth defect lawyer can assist parents who are stunned to file a claim and get compensation to cover the cost of future expenses. However, the law has strict deadlines on the time a claim has to be filed.

Statute of Limitations

Modern technology and medical advances have helped reduce the risks associated with childbirth and pregnancy. However, birth defects and injuries continue to occur. Families need to consider their legal options when they can be prevented.

Many birth defect lawsuits are founded on allegations of medical malpractice. These cases may involve mistakes made by nurses or doctors at any time during the pregnancy, labor and delivery procedures. Medical professionals may also commit malpractice after the birth of a child if they fail provide proper treatment.

In general the statute of limitations in these cases is 2.5 years from the date of the medical negligence. The time frame may be extended for infants. However, it is essential to seek legal advice early enough to ensure that all evidence is obtained and that a timely claim be filed.

In addition to medical malpractice, a lawsuit can also be filed on behalf of a baby for birth defects resulting from improper exposure to chemicals and toxic substances that occur during the mother's pregnancy. Lawyers specially trained in birth defects can investigate and defend these claims on behalf of the family.

Parents should consider the following aspects when choosing an attorney to represent them in a lawsuit for birth defect law firms defects or birth injuries:

Medical Malpractice

Birth defects can lead to an array of mental or physical ailments. Some birth defects can be fatal. Some of these issues are caused by genetics, while others are due to exposure to the environment or the use of prescription drugs during pregnancy.

A medical professional or doctor could be convicted of malpractice if they cause birth defects through their actions or inaction. Most cases involve medical negligence during the birth or labor process. However, they can also be a result of any action or failure to act that falls short of a medical standard of care, like failing to recognize a medical issue or prescribing the wrong medication during pregnancy.

One example of this type of case involves a medication called teratogens. This medication can cause serious birth defects. During pregnancy, doctors typically advise women to stay clear of this medication, which is commonly used to treat seizures. If a woman is exposed to the drug then she should file a claim.

It is essential to choose an attorney with expertise in these kinds of cases. Look for a law firm that is experienced in this area and works on a contingency basis, so there is no cost unless you get the case won. Also, look for a lawyer with strong negotiation and communication skills. This will help ensure that your claim is filed before the time limit expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities, which require expensive medical care and accommodations for the child. Most of the time, these issues are genetic, but some can be caused by chemical or environmental exposure, or by medications the mother consumed during pregnancy.

Drug makers are required to test their products thoroughly and warn consumers of any potential risks. Sadly many pharmaceutical companies do not keep up with the latest research or anticipate potential side consequences. In addition, doctors can prescribe dangerous drugs to patients and some women do not get proper information about the risks of taking certain medications during pregnancy. These drugs are referred to as teratogens and can cause birth defects in the fetus. This includes spina bifida.

Other substances that could cause birth defects are the chemicals used in the manufacturing and agricultural industries, as well as heavy metals like mercury which can contaminate groundwater or air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women to toxic chemicals and substances that could damage their reproductive health and lead to birth defects.

It is crucial to gather as many evidences as you can prior to filing a suit against the parties accountable. This includes ultrasound images, blood tests and medical bills that arose as a result of the birth defect. This information helps the attorney determine the worth of the case.

Product Liability

Pregnancy is one of the most exciting and nerve-wracking experiences a woman can go through in her life. It's also a time where many medical professionals make mistakes that could cause birth defects. A top attorney can help parents make a claim against those responsible for their child's disability and obtain the amount of compensation they deserve.

While the causes of birth defects are usually not understood by medical professionals but a large proportion of birth defects are linked to exposure to chemicals or environmental causes. This could include exposure of parents to toxic chemicals in the workplace such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used for pesticides and crop spraying.

Additionally, the manufacturers and the people who prescribe prescription medications have a responsibility to inform people of their risks. Yet, a large percentage of these medications are sold off-label for women of childbearing age without proper warnings about the risk of birth defects. This is especially applicable to antidepressants such Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. His practice is centered around cases that involve the occurrence of birth defects caused by exposure of parents to toxic chemicals such as those in semiconductor manufacturing and agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.