5 Killer Quora Answers On Birth Defect Legal

Birth Defect Litigation

Certain injuries are beyond the parents of their control. Families may be left with huge debts when these injuries require expensive procedures and special care.

A New York birth defect attorney can assist parents who are in shock to file claims to obtain compensation for future expenses. The law has strict time limitations for when claims can 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 still occur. Families must consider their legal options when they can be prevented.

Many birth defect lawsuits are founded on allegations of medical malpractice. These cases could involve mistakes committed by nurses or doctors at any time during pregnancy, labor and delivery procedures. Medical professionals can also be guilty of malpractice following the birth of a baby in the event that they fail to provide appropriate treatment.

Generally, the time-limit for these cases is 2.5 years from the date of the occurrence of medical negligence. The time frame can be extended for infants. However, it is important to seek legal counsel early enough to ensure that all evidence has been collected and that a timely claim be filed.

A lawsuit can be filed on behalf of a child to claim birth defects caused by toxic and chemical exposures during the pregnancy. Specially trained birth defect lawyers are able to investigate the claims and then prosecute them on behalf of the family.

Parents should think about the following characteristics when choosing an attorney to represent their interests in a lawsuit filed for birth defects or injuries:

Medical Malpractice

Birth defects can result in many mental or physical problems. Some birth defects may be fatal. Some of these issues are inherited, while others are caused by environmental exposures or the use of prescription drugs during pregnancy.

Medical professionals or doctors can be accused of negligence when they cause birth defects through their actions or inaction. These cases usually involve medical negligence during labor or delivery. However, they can be a result of any action or failure to act that is in violation of the medical standard of care, for instance, failing to diagnose a problem or prescribing the wrong medication during pregnancy.

One example is involving teratogens. These drugs can cause serious birth defects. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If a pregnant woman is exposed to this medication, she must submit a claim.

It is important to select an attorney who has handled these kinds of cases. You should look for a firm with extensive experience in this field. It also is on contingency, which means you don't pay nothing until you win. Also, search for an attorney with excellent negotiation and communication skills. This will ensure that you file your claim before the statute of limitations expires.

Prescription Drugs

Many birth defects cause mental or physical disabilities that require costly medical treatment and accommodations for the child. Most of the time, these issues are genetically inherited, but some of them are caused by environmental or chemical exposure or birth defect attorney medication that the mother consumed during pregnancy.

Pharmaceutical companies are required to test their products properly and warn the public of any potential dangers. Unfortunately some pharmaceutical companies do not keep up with the latest research or fail to anticipate possible side consequences. Moreover, doctors may prescribe dangerous drugs to their patients as well as some women do not get proper information about the risks associated with taking certain drugs during pregnancy. These drugs are known as teratogens, and they may cause birth defects in the fetus. This includes spina bifida.

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

When bringing lawsuits against the people who are responsible for your child's illness it is essential to gather as much evidence as you can. Included in this are any ultrasound images as well as blood tests and medical bills that are incurred as a result. This helps the attorney establish the value of the case.

Product Liability

Pregnancy can be one of the most exciting, but anxious experiences of the life of a woman. It's also a time where medical professionals make mistakes that lead to birth defects. An experienced attorney can help parents in submitting a claim and obtaining the compensation they deserve against those responsible for the handicap of their child.

While the causes of birth defects are typically unknown to medical professionals but a large proportion of birth defects can be attributed to exposure to chemicals or environmental causes. This could include exposure of parents to toxic chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used for spraying for crops and pesticides.

The pharmaceutical companies and those who prescribe medications also have a duty to warn the public about the risks. However, a lot of these drugs are sold off-label for women of childbearing age without warnings regarding the possibility of birth defects. This is especially 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 that involve the occurrence of birth defects due to exposure of parents to toxic chemicals, including those used in semiconductor manufacturing and agriculture. He is a graduate of the American University in Washington, D.C. and Suffolk University Law School.