5 Killer Quora Answers On Birth Defect Legal

Birth Defect Litigation

Parents want perfect children however, there are some injuries that occur beyond their control. Families are left with a large bill when injuries require costly procedures and specialized care.

A New York birth defect lawyer can assist parents who are stunned to file an appeal and obtain compensation to cover the cost of future expenses. However, the law imposes strict time limitations on when a claim should be filed.

Statute of Limitations

Modern technology and medical advances have helped reduce the risks associated with pregnancy and childbirth. However birth defects and injuries do occur. When they are preventable, families should consider their legal options.

Many birth defect lawsuits are based upon allegations of medical malpractice. These cases may involve mistakes made by doctors or nurses at any point during the birth, labor and delivery procedures. Additionally medical professionals could be guilty of medical malpractice after a child's birth when they fail to provide proper treatment.

In general the statute of limitation for these cases are 2.5 years from the date of the medical error. For infants, this period may be extended. But, it is crucial to seek legal counsel immediately to ensure that all evidence is gathered and that a timely claim be filed.

In addition to medical malpractice, a suit may also be filed on behalf of an infant for birth defects that result from wrongful exposure to chemicals and toxic substances that occur during the mother's pregnancy. Specially trained birth defect lawyers can investigate and bring these cases on behalf of the family.

When selecting an attorney for a birth defect or birth injury lawsuit parents should be looking for the following qualities:

Medical Malpractice

Birth defects can result in many mental or physical issues. Some birth defects can cause death. Some of these problems are inherited, while others are due to exposure to environmental factors or the usage of prescription drugs 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. The most common cases involve medical negligence during the birth or labor birth process. However, they may also comprise any act or failure to act that is not in the range of a medical standard of care, such as not diagnosing a medical condition or prescribing the wrong medicine during pregnancy.

One such type of case involves a medication called teratogens, which can cause serious birth defects. During pregnancy, doctors usually advise women to not take this medication, which is used to treat seizures. If a pregnant woman is exposed to this medication, she must file an insurance claim.

It is crucial to select an attorney with expertise in these kinds of cases. It is best to choose a firm that has experience in this field and is based on contingency, meaning that you don't pay anything until you win. Choose an attorney with great negotiation and communication skills. This will help ensure that you file your claim 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. These disorders are usually genetic, but can also be caused by environmental or chemical exposure or the use of medications by the mother during pregnancy.

Pharmaceutical manufacturers are required to test their products properly and inform the public of the potential dangers. Unfortunately some pharmaceutical companies fail to keep up with research or foresee potential side effects. Certain doctors prescribe dangerous drugs to their patients and some women are not informed about the dangers associated with taking certain medications while pregnant. 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 the chemicals used in the agricultural and manufacturing industries, and heavy metals like mercury, which contaminate air or groundwater. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women to harmful chemicals and substances that can damage their reproductive health and lead to birth defects.

When bringing lawsuits against the people who are responsible for your child's illness it is crucial to gather as much evidence as possible. This includes 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 is among the most thrilling and stressful moments in a woman's life. It's also a time when medical professionals can make mistakes that could cause birth defects. A top lawyer can help parents bring a lawsuit against those who are responsible for their child's disabilities and acquire the amount of compensation they deserve.

While the causes of birth defects are generally unknown to medical professionals but a large proportion of birth defects are linked with exposure to chemicals or the environment. This may include contact by parents with toxic chemicals at the workplace, such as glycol ethers and solvents that are used in semiconductor manufacturing, as well as agricultural chemicals for pesticides and spraying crops.

Manufacturers and those who prescribe medication are also required to warn the public about the risks. However, a significant portion of these medications are sold off-label to women who are pregnant age without adequate warnings about the risk 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 law firms defect lawsuits against pharmaceutical and chemical companies. He concentrates his practice on cases involving the occurrence of birth defects caused by exposure of parents to toxic chemicals, such as those in semiconductor manufacturing and agriculture. He graduated from American University in Washington, Birth D.C. and Suffolk University Law School.