Five Killer Quora Answers To Birth Defect Legal

Birth Defect Litigation

Some injuries are beyond the parents of their control. Families could be faced with huge debts when these injuries require costly procedures and special treatment.

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

Statute of Limitations

Modern technology and medical advancements have helped reduce the risks associated with childbirth and pregnancy. However, birth defects and injuries still occur. Families should consider their legal options if they can be prevented.

Many birth defect lawsuits are based on allegations of medical malpractice. These lawsuits can result from mistakes committed by nurses or doctors staff at any point during pregnancy, labor and birth. Additionally medical professionals could be guilty of medical malpractice following the birth of a child when they fail to provide the correct treatment.

Generally speaking, the statute of limitations in these cases is 2.5 years from when the act was committed of medical negligence. The time limit may be extended for infants. But, birth defect it is crucial to seek legal advice early enough 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 brought on behalf of a baby for birth defects resulting from improper 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 to represent them in a birth injury or defect lawsuit parents should be looking for the following characteristics:

Medical Malpractice

Birth defects can lead to a wide range of mental or physical issues. Some birth defects can cause death. Some of these issues may be caused by genetics, while others are caused by exposure to the environment or prescription drugs taken during pregnancy.

A doctor or medical professional could be convicted of malpractice in the event of causing a birth defect through their actions or inaction. Most cases involve medical negligence during the birth or labor process. However, they could also include any act or failure to act that is not in the range of the medical standard of care, for instance, not diagnosing a medical condition or prescribing the wrong medication during pregnancy.

One example 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 the woman is exposed to the drug she must file a claim.

It is important that you select an attorney who has prior experience in these types of cases. Look for a law firm that is experienced in this area, and works on a contingency basis, so you don't pay anything unless you succeed. Choose an attorney with outstanding negotiation and communication skills. This will ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

Many birth defects result in physical or mental disabilities, that require expensive medical treatment and accommodations for the child. These issues are often caused by genetics, but can also be caused by chemical or environmental exposure or the use of medications by the mother during pregnancy.

Pharmaceutical manufacturers are required to test their products properly and inform the public about the potential dangers. Unfortunately, some pharmaceutical companies fail to keep up with the latest research or anticipate possible side effects. Certain doctors prescribe dangerous medications to their patients. Moreover, some women are not informed about the dangers associated with using certain drugs during pregnancy. These are known as teratogens, and they can cause birth defects in the fetus including spina bifida.

Other substances that can cause birth defects are the chemicals used in the agricultural and manufacturing industries, as well as 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 cause harm to their reproductive health and cause birth defects.

It is essential to gather as the evidence you can prior to making a claim against the parties accountable. This includes ultrasound scans, blood tests and medical bills that arose because of the birth defect. This information helps the attorney to determine the worth of the case.

Product Liability

Pregnancy is among the most exciting, but anxious experiences of the life of a woman. But it's also a time where medical professionals often make mistakes that could lead to birth defects. An experienced attorney can help parents make a claim against those responsible for their child's condition and receive the justice they deserve.

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

Manufacturers and those who prescribe medication also have a duty to inform the public about the dangers of their products. However, a lot of these drugs are sold off-label to women of childbearing age without warnings regarding the potential for 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 focuses on cases involving the occurrence birth defects that result from parental exposure to toxic chemicals, which includes those used in semiconductor manufacturing and agriculture. He graduated of the American University in Washington, D.C., and Suffolk University Law School.