Five Killer Quora Answers To Birth Defect Legal

Birth Defect Litigation

Parents want perfect babies however, there are some injuries that occur beyond their control. Families can be left with huge debts when these injuries require expensive procedures and special attention.

A New York birth defect lawyer can help stunned parents file an appeal and obtain compensation to cover the cost of future expenses. However, the law has strict deadlines for when a claim should be filed.

Statute of Limitations

Modern technology and medical advances have made it possible to reduce the risks associated with pregnancy, childbirth and birth. However, birth defects and injuries do occur. If they can be prevented, families must explore their legal options.

Many birth defect lawsuits are founded on allegations of medical malpractice. These cases can involve errors committed by nurses or doctors at any time during the pregnancy, 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 proper treatment.

In general, the statutes of limitations for these cases are 2.5 years after the date of the medical malpractice. For infants, this period can be extended. However, it is important to seek legal advice early enough to ensure that all evidence is gathered and that a timely claim can be filed.

In addition to medical malpractice, a lawsuit could also be filed on behalf of a baby for birth defects that result from wrongful exposure to chemicals and toxic substances that occur during the mother's pregnancy. Specially trained birth defect lawyers can investigate and prosecute these claims on behalf of the family.

When choosing an attorney to represent them in a birth injury or defect lawsuit parents should look for the following characteristics:

Medical Malpractice

Birth defects can cause many mental or physical issues. Some birth defects can be fatal. Some of these problems are inherited, whereas others are due to exposure to environmental factors or the usage of prescribed drugs during pregnancy.

A medical professional or doctor could be convicted of malpractice in the event of causing a birth defect through their actions or inaction. The most common cases involve medical negligence during the birth or labor process. However, they can include any act or Birth Defect inability to act that is not in the range of the medical standard of care, like failing to recognize a medical issue or prescribing the wrong medicine during pregnancy.

One example of this type of case is a medication called teratogens. It can cause serious birth defects. Doctors typically advise women to take this medication during pregnancy. It is used to treat seizures. If a pregnant woman is exposed to this medication, she must make an insurance claim.

It is important to select an attorney who is experienced in handling these kinds of cases. Find a law firm that has a specialization in this area, and works on a contingency basis, so you won't have to pay a dime unless you get the case won. Find an attorney who has excellent communication and negotiation skills. This will ensure that you submit your claim before the time limit expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities, which require costly medical care and accommodations for the child. Often, these conditions are inherited, but a few of them are caused by chemical or environmental exposure or medication that the mother was taking during pregnancy.

Drug manufacturers are required to thoroughly test their products and warn consumers about any risks. Unfortunately some pharmaceutical companies don't keep up to date with the latest research or fail to anticipate potential adverse consequences. In addition, doctors can prescribe dangerous medications to their patients, and some women do not receive the correct information regarding the dangers of taking certain drugs during pregnancy. These are known as teratogens, and they 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 such as mercury that contaminate air or groundwater. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women to toxic chemicals and substances that can harm their reproductive health and cause birth defects.

It is crucial to gather as the evidence you can before making a claim against the party responsible. This includes any ultrasound images, blood tests, and medical bills incurred as a result of the birth defect. This information helps attorneys determine the worth of the case.

Product Liability

Pregnancy is among the most exciting, and anxious experiences of the life of a woman. But it's also a period where many medical professionals make mistakes that could lead to birth defects. A top lawyer can assist parents in filing claims and getting the compensation they deserve from those responsible for the handicap of their child.

Although the causes of birth defects are often unknown to medical professionals but a large proportion of birth defects can be linked to environmental or chemical exposure. This could be due to contact by parents with toxic chemicals at the workplace, for example glycol ethers and solvents used in semiconductor manufacturing as well as chemical pesticides used in agriculture and spraying crops.

Furthermore, manufacturers and those who prescribe prescription drugs must inform consumers of the dangers. However, a lot of these drugs are offered off-label to women of childbearing age without proper warnings about the potential for 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. His practice focuses on cases involving the occurrence birth defects resulting from parental exposure to toxic chemicals, such as those used in semiconductor manufacturing and agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.