5 Killer Quora Answers To Birth Defect Legal

Birth Defect Litigation

Some injuries are beyond the parents of their control. When these injuries require special treatment and costly procedures, it can cause families to be faced with massive costs.

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

Statute of limitations

Modern technology and medical advances have reduced the risks associated with pregnancy, childbirth and birth. However, birth defects and injuries continue to occur. Families should consider their legal options when they are preventable.

Many birth defect lawsuits stem from allegations of medical malpractice. These cases may involve mistakes made by doctors or nurses at any time during birth, labor and delivery processes. Medical professionals may also be negligent after the birth of a child if they fail provide proper treatment.

Generally, the time-limit for these cases is 2.5 years from the date of the occurrence of medical malpractice. This time period can be extended to infants. It is nevertheless important to seek legal advice as soon as you can to ensure that all evidence has been collected and that a timely claim be filed.

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

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

Medical Malpractice

Birth defects can lead to many mental or physical issues. Some birth defects can be fatal. Some of these problems are caused by genetics, while others are caused by exposure to the environment or the use of prescribed drugs during pregnancy.

A medical professional or doctor could be accused of malpractice when they cause a birth defect through their actions or inaction. The most common cases involve medical negligence during labor or delivery. However, they can also include any act or inability to act that is in violation of the medical standard of care, such as failing to recognize a medical issue or prescribing the wrong medicine during pregnancy.

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

It is crucial to select an attorney with prior experience in these types of cases. You should choose an attorney who has years of experience in this field and is on contingency, which means you don't have to pay anything until you win. Look for an attorney with excellent communication and negotiation skills. This will help to ensure that you make your claim in time before the statute of limitation expires.

Prescription Drugs

Many birth defects result in physical or mental disabilities, Birth Defect that require costly medical treatment and accommodations for the child. Often, these conditions are genetic, but some of them can be caused by chemical or environmental exposure, or the medications the mother took while pregnant.

Drug makers are required to test their products correctly and warn the public of any potential risks. Sadly certain pharmaceutical companies do not keep up with research or anticipate potential side effects. Certain doctors prescribe dangerous drugs to their patients, and some women are not aware of the risks of using certain drugs during pregnancy. These are known as teratogens. They can cause birth defects in the fetus. This includes spina bifida.

Other substances that could cause birth defects are the 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 against powerful corporations that expose women chemicals and substances that can damage their reproductive health and cause birth defects.

It is essential to gather as all evidence you can prior to filing a suit against the responsible parties. This includes blood tests, ultrasound images, and medical bills incurred due to the birth defect. This information can help the attorney determine the value of the case.

Product Liability

Pregnancy is one of the most thrilling and stressful moments in a woman's life. However, it's also a time when medical professionals can make mistakes that can cause birth defects. A top attorney can help parents make a claim against those responsible for their child's disability and obtain the compensation they deserve.

Although the causes of birth defects are typically unknown to medical professionals but a large proportion of birth defects can be linked to exposure to chemicals or environmental causes. This can be due to exposure by parents to toxic chemicals at work such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used in spraying crops and pesticides.

Additionally, the manufacturers and the people who prescribe prescription medications have a responsibility to warn people of their risks. However, a lot of these drugs are marketed off-label to women of childbearing age without proper warnings about the risk of birth defects. This is especially the case with antidepressants such as 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 involving the occurrence of birth defects caused by exposure of parents to toxic chemicals, which includes the ones used in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.