5 Killer Quora Answers On Birth Defect Legal

Birth Defect Litigation

Some injuries are out of the parents of their control. When these injuries require special care and costly procedures, it can cause families to be faced with massive costs.

A New York birth defect lawyer can assist parents who are stunned to file an appeal and obtain compensation to pay for future expenses. However, the law imposes strict deadlines the time a claim has to be filed.

Statute of Limitations

Modern technology and medical advances have aided in reducing the risks associated with childbirth, pregnancy and birth. However birth defects and injuries do occur. If they can be prevented, families need to explore their legal options.

Many birth defect lawsuits are based upon allegations of medical malpractice. These lawsuits can be based on mistakes made by nurses or doctors at any point in the labor and delivery processes. Medical professionals can also be negligent after the birth of a baby in the event that they fail to provide appropriate treatment.

In general the statute of limitation for these cases are 2.5 years after the date of the medical malpractice. This time frame is extended for infants. However, it is essential to seek legal counsel as soon as you can to ensure that all evidence is gathered and that a timely claim 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 exposure to chemicals and toxic substances that take place during the mother's pregnancy. Specially trained birth defect lawyers can investigate and defend these claims on behalf of the family.

Parents should take into consideration the following characteristics when choosing an attorney to represent their interests in a lawsuit filed for birth defect or injury:

Medical Malpractice

Birth defects can trigger numerous mental or physical ailments. Some birth defects can be fatal. Certain of these problems could be caused by genetics while others are triggered by exposure to environmental factors or prescription medications used during pregnancy.

A medical professional or doctor could be accused of malpractice when they cause a birth defect through their actions or inaction. These cases usually are caused by medical negligence during delivery or labor. However, they may also comprise any act or failure to act in excess of the medical standard of care, like failing to diagnose a problem or prescribing the wrong medicine during pregnancy.

One example of situation is a drug known as teratogens, which could cause serious roma birth defect lawyer defects. In the course of pregnancy, doctors generally advise women to stay clear of this medication, which is used in the treatment of seizures. If a woman is exposed to the drug she must make an insurance claim.

It is important that you choose an attorney who has prior experience in these types of cases. Find a firm that has a specialization in this field and operates on the basis of a contingent fee, which means you won't have to pay a dime unless you win. Also, you should look for a lawyer who has excellent communication and negotiation skills. This will help ensure that you submit your claim before the time for filing expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities, which require expensive medical care and accommodations for the child. The majority of these problems are genetically inherited, but some of them can be caused by environmental or chemical exposure, or medications that the mother consumed during pregnancy.

Pharmaceutical companies are required to test their products correctly and inform the public of any risks that could be present. Unfortunately certain pharmaceutical companies fail to keep up with research or anticipate potential side effects. Some doctors recommend dangerous drugs to their patients, and some women aren't aware of the risks of taking certain medications while pregnant. These drugs are referred to as teratogens, and they can cause birth defects in the fetus, such as spina bifida.

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

If you decide to file lawsuits against the parties responsible for your child's condition it is crucial to gather as much evidence as you can. This includes any ultrasound images, blood tests and medical bills that arise because of the birth defect. This information assists attorneys determine the worth of the case.

Product Liability

Pregnancy is among the most exciting, yet anxious experiences of a woman's lifetime. It's also a time when medical professionals can make mistakes that could cause birth defects. A reputable attorney can assist parents in filing claims and getting the amount they deserve from those who are responsible for the impairment of their child.

Although the causes of birth defects are generally not understood by medical professionals but a large proportion of birth defects can be attributed to environmental or birth Defect chemical exposure. This can include parental exposure to toxic chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used in crop spraying and pesticides.

In addition, manufacturers and those who prescribe prescription medicines must inform consumers of the dangers. However, a significant portion of these drugs are sold off-label to women who are pregnant age without proper warnings about the possibility of birth defects. This is especially true for 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 development of birth defects due to parental exposure to toxic chemicals, which includes those in semiconductor manufacturing and agriculture. He graduated from the American University in Washington, D.C. as well as Suffolk University Law School.