Five Killer Quora Answers To Birth Defect Legal

Birth Defect Litigation

Parents want their children to be perfect However, some injuries occur out of their control. Families are left with huge bills when these injuries require costly procedures and special treatment.

A New York birth defect lawyer can assist parents in filing a claim and get compensation to cover the cost of future expenses. The law has strict time limitations on when a claim may be filed.

Statute of Limitations

Modern technology and medical advancements have reduced the risks related to pregnancy, childbirth and birth. However, birth defects and injuries do occur. Families must consider their legal options if they are preventable.

Many birth defect law firms defect lawsuits are founded on allegations of medical malpractice. These cases may involve errors made by doctors or nursing staff at any stage of pregnancy, labor and birth. In addition medical professionals can be guilty of medical malpractice following the birth of a child, by failing to provide proper treatment.

In general, the statutes of limitations for these cases is 2.5 years after the date of the medical error. The time limit may be extended for infants. It is important to consult an attorney whenever you can to ensure that all evidence is gathered and that a timely complaint be filed.

In addition to medical malpractice, a suit can also be filed on behalf of a baby for birth defects caused by wrongful toxic and chemical exposures that occur during a mother's pregnancy. Specially trained birth defect lawyers can investigate and pursue these claims on behalf of the family.

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

Medical Malpractice

Birth defects can trigger an array of physical or mental problems. Some birth defects can be fatal. Some of these issues are inherited, whereas others are due to exposure to environmental factors or the use of prescription drugs during pregnancy.

A doctor or medical professional could be convicted of malpractice if they cause a birth defect through their actions or inaction. Most cases involve medical negligence during labor or delivery. However, they could also include any act or inability to act that is not in the range of the medical standard of care, like not diagnosing a medical condition or prescribing the wrong medication during pregnancy.

One such type of case is a medication called teratogens, which can cause serious birth defects. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If a pregnant woman is exposed to this drug, she should file a claim.

It is crucial to choose an attorney with prior experience in these types of cases. Find a firm that has a specialization in this field and operates on an on a contingency basis, meaning you don't pay anything unless you win. Also, you should look for an attorney with excellent communication and negotiation abilities. This will help to ensure that you make your claim in time before the time for filing expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities which require costly medical care and accommodations for the child. Most often, these disorders are genetically inherited, but some can be caused by environmental or chemical exposure, or medications that the mother was taking during pregnancy.

Pharmaceutical companies are required to test their products correctly and warn the public of the potential dangers. Unfortunately many pharmaceutical companies do not keep up with the latest research or anticipate potential side consequences. Some doctors recommend dangerous drugs to their patients, and some women aren't aware of the dangers associated with using certain drugs during pregnancy. These drugs are referred to as teratogens and can cause birth defects in the fetus including spina bifida.

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

When filing lawsuits against the parties accountable for your child's condition, it is important to gather as much evidence as you can. This includes ultrasound images, blood tests, and medical bills that arise due to the birth defect. This assists the attorney in determining the financial worth of the case.

Product Liability

Pregnancy is among the most exciting and nerve-wracking moments in a woman's life. It's also a time where medical professionals often make mistakes that can lead to birth defects. A top lawyer can help parents file a claim against those responsible for their child's condition and receive the amount of compensation they deserve.

While the causes of birth defect attorneys defects are often unknown to medical professionals but a large proportion of birth defects are linked to environmental or chemical exposure. This could include exposure of parents to harmful chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, as well as agricultural chemicals used for crop spraying and pesticides.

Manufacturers and those who prescribe medicines also have a duty to inform the public about the risks. Yet, a large percentage of these drugs are offered off-label to women of childbearing age without adequate warnings about the possibility of birth defects. This is especially relevant 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 that involve the occurrence of birth defects due to parental exposure to toxic chemicals, such as those in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.