5 Killer Quora Answers On Birth Defect Legal

Birth Defect Litigation

Parents want perfect children However, birth defect some injuries occur out of their control. If injuries that result from these accidents require special treatment and costly procedures, it can leave families with huge expenses.

A New York birth defect lawyer can assist parents who are shocked to file a claim and get compensation to pay for future expenses. However, the law puts strict time limitations on when a claim must be filed.

Statute of Limitations

Modern technology and medical advances have helped reduce the risks that come with childbirth and pregnancy. However birth defects and injuries still occur. Families must consider their legal options when they can be prevented.

Many birth defect lawsuits stem from allegations of medical malpractice. These cases may involve errors made by nurses or doctors personnel at any stage of pregnancy, labor and birth. Medical professionals can also commit malpractice after the birth of a child by failing to provide the correct treatment.

Generally, the time-limit for these cases is generally 2.5 years from the date of the incident of medical negligence. This time period is extended for infants. It is essential to talk with a lawyer early enough to ensure that all the evidence is gathered, and that a timely complaint can be filed.

In addition to medical malpractice, a lawsuit may also be filed on behalf of an infant for birth defects caused by wrongful toxic and chemical exposures that take place during the mother's pregnancy. Specially trained birth defect (ohanataxi.com) lawyers can investigate and pursue these claims on behalf of the family.

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

Medical Malpractice

Birth defects can result in an array of physical or mental problems. Some birth defects can be fatal. Some of these issues could be caused by genetics and others may be caused by exposure to the environment or prescription medications taken during pregnancy.

A medical professional or doctor could be accused of misconduct if they cause a birth defect through their actions or inaction. These cases usually are caused by medical negligence during labor or delivery. However, they can be a result of any action 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 medication during pregnancy.

One example of this type of situation is a drug called teratogens. This medication can cause serious birth defects. During pregnancy, doctors typically advise women to avoid taking this medication, which is utilized to treat seizures. If an individual is exposed to the drug, then she must submit an insurance claim.

It is vital to choose an attorney with previous experience in these cases. You should seek out a firm that has extensive experience in this field. It also is on contingency, which means you don't pay anything until you win. Also, search for a lawyer with strong communication and negotiation skills. This will ensure that your claim is filed before the time limit expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities which require costly medical care and accommodations for the child. The majority of these problems are genetic, however some of them are caused by chemical or environmental exposure, or by medications the mother consumed during pregnancy.

Drug makers are required to test their products properly and inform the public of any potential dangers. Sadly many pharmaceutical companies fail to keep up with research or anticipate possible side consequences. Moreover, doctors may prescribe dangerous drugs to patients and some women do not receive the correct information regarding the dangers of taking certain medications during pregnancy. These medications are referred to as teratogens and can cause birth defects in the fetus, including spina Bifida.

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

It is crucial to collect as all evidence you can prior to making a claim against the responsible parties. This includes any ultrasound images, blood tests and medical bills that came up because of the birth defect. This will help the attorney determine the monetary value of the case.

Product Liability

Pregnancy can be one of the most exciting, and stressful experiences in the life of a woman. It's also a time where medical professionals often make mistakes that could lead to birth defects. A top attorney can help parents to file a claim against the medical professionals who are responsible for their child's disabilities and receive the compensation they deserve.

Although the causes of birth defects are often unknown to medical experts but a large proportion of birth defects can be attributed with exposure to chemicals or the environment. This could be due to contact by parents with toxic chemicals in the workplace, for example glycol ethers and solvents that are used in semiconductor manufacturing, and agricultural chemicals used for pesticides as well as spraying on crops.

The pharmaceutical companies and those who prescribe medication must also warn people about the dangers. However, a significant portion of these drugs are marketed off-label to women who are pregnant age without adequate warnings about the possibility 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 pharmaceutical and chemical companies. His practice focuses on cases involving the occurrence of birth defects that result from exposure of parents to toxic chemicals such as those used in semiconductor manufacturing as well as agriculture. He is a graduate from the American University in Washington, D.C. as well as Suffolk University Law School.