Five Killer Quora Answers To Birth Defect Legal

Birth Defect Litigation

Parents want perfect babies However, some injuries occur beyond their control. Families can be left with huge bills when these injuries require expensive procedures and specialized care.

A New York birth defect lawyer can assist parents who are stunned to file a claim and get compensation to cover future costs. However, the law places strict deadlines on when a claim needs to be filed.

Statute of Limitations

Modern technology and medical advancements have reduced the risks associated with pregnancy, childbirth and birth. However birth defects and injuries can still occur. If they can be prevented, families must consider their legal options.

Many birth defect law firms defect lawsuits are based on allegations of medical malpractice. These lawsuits can result from mistakes made by nurses or doctors staff at any stage of labor, birth and pregnancy. Additionally, medical professionals can commit medical malpractice following a child's birth in the event that they fail to provide the proper treatment.

In general the statute of limitations in these cases are 2.5 years from the date of the medical mistake. For infants, this period may be extended. It is important to consult an attorney whenever you can to ensure that all evidence is collected, and that a timely complaint be filed.

In addition to medical malpractice, a lawsuit may also be filed on behalf of an infant for birth defects caused by improper exposure to chemicals and toxic substances that occur during a mother's pregnancy. Specially trained birth defect lawyers can investigate and prosecute these claims on behalf of the family.

Parents should take into consideration the following qualities when selecting an attorney to represent them in a lawsuit for birth defects or birth injuries:

Medical Malpractice

Birth defects can trigger many mental or physical ailments. Some birth defects can be fatal. Some of these issues are inherited, whereas others are due to exposure to the environment or the use of prescribed drugs during pregnancy.

A doctor or medical professional could be accused of misconduct in the event of causing a birth defect through their actions or inaction. These cases usually are caused by medical negligence during labor or delivery. However, they could also comprise any act or failure to act that is not in the range of a medical standard of care, for instance, failing to diagnose a condition or prescribing the wrong medicine during pregnancy.

One example of case involves a medication called teratogens, which can cause serious birth defects. During pregnancy, doctors usually advise women to not take this medication, which is utilized to treat seizures. If a woman is exposed to the drug then she should file a claim.

It is crucial to select an attorney who has handled these types of cases. Find a firm that specializes in this field and operates on a contingency basis, so there is no cost unless you win. Find an attorney who has excellent communication and negotiation skills. This will ensure that your claim is filed before the time for filing expires.

Prescription Drugs

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

Drug makers are required to test their products thoroughly and inform consumers of any potential risks. Unfortunately, some pharmaceutical companies fail to keep up-to-date with the latest research or fail to anticipate possible adverse effects. Some doctors prescribe dangerous drugs to their patients. Moreover, some women are not informed about the risks of using certain drugs during pregnancy. These drugs are known as teratogens and can cause birth defects in the fetus, including spina Bifida.

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

It is crucial to collect as many evidences as you can before filing a lawsuit against the responsible parties. This includes any blood tests, ultrasound images and medical bills that came up due to the birth defect. This assists the attorney in determining the monetary value of the case.

Product Liability

Pregnancy is among the most exciting and nerve-wracking times in a woman's life. But it's also a period when medical professionals can make mistakes that could cause birth defects. A top attorney can help parents to file a claim against the medical professionals responsible for their child's condition and get the proper compensation they're entitled to.

While the causes of birth defects are often unknown to medical experts but a large proportion of birth defects can be linked with exposure to chemicals or the environment. This may include contact by parents with toxic chemicals in the workplace, like glycol ethers and solvents that are used in semiconductor manufacturing, and chemical pesticides used in agriculture and spraying on crops.

Manufacturers and those who prescribe medicines must also warn the public about the risks. Yet, birth defect a substantial portion of these drugs are sold off-label to women of childbearing age without adequate warnings about the potential for birth defects. This is particularly 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. He concentrates his practice on cases involving the development of birth defects that result from exposure of parents to toxic chemicals, such as those used in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.