Five Killer Quora Answers To Birth Defect Legal

Birth Defect Litigation

Parents want perfect children However, some injuries occur beyond their control. If these injuries require special care and costly procedures, it can cause families to incur huge costs.

A New York birth defect lawyer can help stunned parents file an appeal and obtain compensation to pay for future expenses. However, the law imposes strict deadlines on when a claim must be filed.

Statute of Limitations

Modern technology and medical advances have aided in reducing the risks related to pregnancy, childbirth and birth. However, birth defects and injuries do occur. If they can be prevented, families should consider their legal options.

Many birth defect lawsuits are based upon allegations of medical malpractice. These cases could involve mistakes made by doctors or defect nursing staff at any stage of pregnancy, labor and birth. Additionally medical professionals may be guilty of medical malpractice following the birth of a child, by failing to provide proper treatment.

In general the statute of limitation for these cases is 2.5 years from the date of the medical malpractice. For infants this period can be extended. However, it is essential to seek legal counsel immediately to ensure that all evidence has been collected and that a timely claim can be filed.

In addition to medical malpractice, a suit may also be filed on behalf of a baby for birth defects that result from wrongful exposure to chemicals and toxic substances that take place during the mother's pregnancy. Specially trained birth defect lawyers can investigate and bring these cases on behalf of the family.

When choosing an attorney for a birth injury or defect lawsuit, parents should look for the following qualities:

Medical Malpractice

Birth defects can lead to an array of mental or physical problems. Some birth defects can cause death. Some of these problems are inherited, while others are caused by environmental exposures or the use of prescription 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. These cases typically involve medical negligence during labor or delivery. However, they could also comprise any act or failure to act that is in violation of the medical standard of care, such as failing to diagnose a condition or prescribing the wrong medicine during pregnancy.

One example of situation is a drug called teratogens. This medication can cause serious birth defects. In the course of pregnancy, doctors generally advise women to not take this medication, which is commonly used to treat seizures. If a woman who is pregnant is exposed to this medication, she must make a claim.

It is essential to select an attorney who has experience in handling these types of cases. Look for a law firm that is experienced in this area, and works on the basis of a contingent fee, which means you don't pay anything unless you succeed. Choose an attorney with an excellent ability to communicate and negotiate. This can help ensure that your claim is filed before the statute of limitations 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 may be caused by environmental or chemical exposure, or by medications the mother took while pregnant.

Drug makers are required to thoroughly test their products and inform consumers of any risks. Sadly many pharmaceutical companies fail to keep up with the latest research or anticipate potential side effects. Certain doctors prescribe dangerous medications to their patients. Some women aren't aware of the dangers associated with taking certain drugs while pregnant. These drugs are known as teratogens, and they can cause birth defect law firms defects in the fetus, including spina Bifida.

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

It is important to collect as the evidence you can prior to making a claim against the party responsible. This includes any ultrasound images, blood tests, and medical bills that arise because of the birth defect. This information can help the attorney determine the worth of the case.

Product Liability

Pregnancy is among the most thrilling and stressful times in a woman's life. However, it's also a time where medical professionals often make mistakes that can cause birth defects. An experienced attorney can help parents bring a lawsuit against those responsible for their child's condition and obtain the amount of compensation they deserve.

Although the causes of birth defects are typically unknown to medical experts but a large proportion of birth defects can be attributed with exposure to chemicals or the environment. This could include contact from parents with toxic chemicals at the workplace, for example glycolethers and solvents utilized in semiconductor manufacturing, and agricultural chemicals used for pesticides and crop spraying.

The manufacturers and the people who prescribe medications also have a duty to inform the public about the dangers of their products. However, a significant portion of these drugs are offered off-label for women of childbearing age without warnings regarding the possibility of birth defects. This is particularly the case with antidepressants such as Prozac and Zoloft.

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