5 Killer Quora Answers On Birth Defect Legal

Birth Defect Litigation

Some injuries are beyond the parents in their control. Families could be faced with a large bill when injuries require expensive procedures and special treatment.

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

Statute of Limitations

Modern medical technology and advancements in medical science have helped to reduce risks related to pregnancy, childbirth and birth. However birth defects and injuries continue to occur. Families need to consider their legal options if they can be prevented.

Many birth defect lawsuits stem from allegations of medical malpractice. These cases may involve errors made by doctors or nursing staff at any stage of pregnancy, labor and birth. Medical professionals can also commit malpractice after the birth of a child when they fail to provide the proper treatment.

Generally speaking, the statute of limitations in these cases is 2.5 years from the date of the act of medical malpractice. This time frame may be extended for infants. It is nevertheless important to seek legal counsel as soon as you can to ensure that all evidence is gathered and that a timely claim be filed.

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

Parents should think about the following aspects when choosing an attorney to represent them in a lawsuit for birth defect or injury:

Medical Malpractice

Birth defects can lead to numerous mental or Birth defect physical issues. Some birth defects can be fatal. Some of these issues may be caused by genetics and others may be caused by exposure to environmental factors or prescription drugs used during pregnancy.

A medical professional or doctor could be accused of malpractice if they cause a birth defect through their actions or inaction. The majority of these cases are based on medical negligence during delivery or labor. However, they may also include any act or inability to act that falls short of a medical standard of care, such as failing to recognize a medical issue or prescribing the wrong medication during pregnancy.

One example of case is a medication known as teratogens, which could cause serious birth defects. During pregnancy, doctors usually advise women to avoid taking this medication, which is utilized 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 these types of cases. You should look for a firm with expertise in this area and works on contingency, so you don't have to pay any fees until you win. Look for an attorney who has outstanding negotiation and communication skills. 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. These conditions are often genetic, but can also be caused by chemical or environmental exposure or medication taken by the mother during pregnancy.

Drug manufacturers have an obligation to test their products thoroughly and inform consumers of any risks. Sadly, some pharmaceutical companies fail to keep up with the latest research or anticipate the potential adverse effects. Certain doctors prescribe dangerous medications to their patients, and some women are not aware of the dangers associated with taking certain medications during pregnancy. These are known as teratogens, and they can cause birth defects in the fetus. This includes spina Bifida.

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

If you are filing lawsuits against the parties who are responsible for your child's illness, it is important to gather as much evidence as possible. This includes any ultrasound images, blood tests, and medical bills that arise because of the birth defect. This allows the attorney to determine the value of the case.

Product Liability

Pregnancy is among the most exciting and nerve-wracking experiences a woman can go through in her life. But it's also a period where medical professionals often make mistakes that can cause birth defects. A top lawyer can help parents make a claim against those accountable for their child's handicap and acquire 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 linked to environmental or chemical exposure. This could include exposure of parents to toxic chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, as well as agricultural chemicals used in pesticides and crop spraying.

Additionally, the manufacturers and those who prescribe prescription medicines must inform people of their risks. However, a lot of these drugs are marketed off-label for women of childbearing age, without warnings about the possibility of birth defects. This is particularly relevant for antidepressants like Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. He concentrates his practice on cases involving the development of birth defects due to parental exposure to toxic chemicals such as the ones used in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.