Five Killer Quora Answers To Birth Defect Legal

Birth Defect Litigation

Parents want their children to be perfect, but some injuries happen outside their control. Families are left with huge bills when these injuries require costly procedures and specialized care.

A New York birth defect lawyer can assist parents who are shocked to file an action and receive compensation to cover the cost of future expenses. However, the law places strict time limitations on when a claim needs to be filed.

Statute of Limitations

Modern technology and medical advancements have helped to reduce the risks associated with pregnancy and childbirth. However birth defects and injuries do occur. Families need to explore their legal options when they are preventable.

Many birth defect lawsuits are founded on allegations of medical malpractice. These cases may involve mistakes committed by nurses or doctors at any time during the birth, labor and delivery processes. In addition medical professionals could be guilty of medical malpractice after a child's birth in the event that they fail to provide proper treatment.

Generally speaking, the time limit for these cases is generally 2.5 years from the date of the incident of medical negligence. This time frame may be extended for infants. However, it is important to seek legal advice as soon as you can to ensure that all evidence is obtained and that a timely claim can be filed.

In addition to medical malpractice, a lawsuit can also be filed on behalf of an infant for birth defects caused by 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 selecting an attorney for a birth defect or birth injury lawsuit parents should look for the following qualities:

Medical Malpractice

Birth defects can trigger a wide range of mental or physical problems. Some birth defects can be fatal. Some of these issues are inherited, while others are caused by exposure to the environment or the use of prescribed drugs during pregnancy.

A doctor or medical professional could be accused of malpractice when they cause a birth defect through their actions or inaction. Most cases involve medical negligence during the birth or labor process. However, they can also include any act or failure to act that is in violation of a medical standard of care, like not diagnosing a medical 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 avoid taking this medication, which is utilized in the treatment of seizures. If a pregnant woman is exposed to this drug, she should submit a claim.

It is crucial to choose an attorney who has prior experience in these types of cases. You should look for an attorney with expertise in this area and is on contingency, which means you don't pay any fees until you win. Look for birth an attorney with excellent communication and negotiation skills. This will ensure that you make your claim in time 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 are caused by environmental or chemical exposure, or medications that the mother took during pregnancy.

Pharmaceutical manufacturers are required to ensure that their products are tested properly and warn consumers about any risks. Unfortunately many pharmaceutical companies do not keep up with research or anticipate the potential adverse effects. Some doctors recommend dangerous drugs to their patients and some women are not informed about the risks of taking certain drugs while pregnant. These medications are referred to 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 manufacturing and agricultural industries, and heavy metals like mercury that contaminate air or groundwater. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women chemicals and substances that affect their reproductive health and lead to birth defects.

It is crucial to collect as the evidence you can prior to filing a lawsuit against the party responsible. This includes ultrasound images, blood tests, and medical bills incurred as a result of the birth defect. This information will help the attorney determine the value of the case.

Product Liability

Pregnancy is among the most exciting and nerve-wracking moments in a woman's life. But it's also a period where medical professionals often make mistakes that could cause birth defects. An experienced attorney can help parents make a claim against those accountable for their child's handicap and receive the compensation they deserve.

While the causes of birth defects are often not understood by medical professionals but a large proportion of birth defect law firms defects can be attributed to exposure to chemicals or environmental factors. This could include contact from parents with toxic chemicals at the workplace, such as solvents and glycol ethers used in semiconductor manufacturing, as well as agricultural chemicals used for pesticides and spraying crops.

Additionally, the manufacturers and those who prescribe prescription medications have a responsibility to warn people about the risks. Yet, a substantial portion of these medications are sold off-label to women who are pregnant age, without warnings about the risk 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. He focuses his practice on cases involving the occurrence of birth defects that result from parental exposure to toxic chemicals, such as those used in semiconductor manufacturing as well as agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.