Five Killer Quora Answers To Birth Defect Legal

Birth Defect Litigation

Parents want perfect babies however, there are some injuries that occur beyond their control. When injuries require specialized medical attention and expensive procedures, it could cause families to be faced with massive costs.

A New York birth defect lawyer can assist parents in filing claims and receive compensation to cover future costs. However, the law places strict deadlines for when a claim needs to 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 continue to occur. Families must consider their legal options if they can be prevented.

Many birth defect lawsuits stem from allegations of medical malpractice. These lawsuits can result from mistakes made by doctors or nursing staff at any point during the birth process, including labor and pregnancy. In addition medical professionals may be guilty of medical malpractice following a child's birth defect attorney by failing to provide the correct treatment.

In general the statute of limitation for these cases is 2.5 years from the date of the medical negligence. The time limit may 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.

In addition to medical malpractice, a suit could also be filed on behalf of a baby for birth defects caused by wrongful exposure to chemicals and toxic substances that occur during the mother's pregnancy. Specially trained birth defect lawyers can investigate and pursue these claims on behalf of the family.

When choosing an attorney to represent them in a birth injury or defect lawsuit, parents should look for the following characteristics:

Medical Malpractice

Birth defects can result in numerous mental or physical issues. Some birth defects can be fatal. Some of these problems may be caused by genetics and others may be caused by exposure to the environment or prescription drugs used during pregnancy.

A medical professional or doctor may be accused of negligence when they cause a birth defect through their actions or inaction. These cases usually are based on medical negligence in delivery or labor. However, they may also be a result of any action or failure to act that falls short of a medical standard of care, for instance, not diagnosing a medical condition or prescribing the wrong medicine during pregnancy.

One example of case involves a medication known as teratogens, which could cause serious birth defects. During pregnancy, doctors usually advise women to avoid taking this medication, which is utilized in the treatment of seizures. If a woman is exposed to the drug then she must make a claim.

It is important that you select an attorney who has previous experience in these cases. Choose a law firm that is experienced in this area and works on an on a contingency basis, meaning you won't have to pay a dime unless you win. Look for an attorney with outstanding negotiation and communication 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, that require expensive medical treatment and accommodations for the child. These conditions are often caused by genetics, but can also be caused by chemical or environmental exposure or medications taken by the mother during pregnancy.

Pharmaceutical manufacturers are required to thoroughly test their products and inform consumers of any potential risks. Unfortunately certain pharmaceutical companies are not keeping up to date with the latest research or fail to anticipate potential adverse effects. Some doctors recommend dangerous drugs to their patients. Some women are not informed about the risks associated with using certain drugs during pregnancy. These medications are referred to as teratogens. They can cause birth defects in the fetus, including spina Bifida.

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

When filing lawsuits against the parties that are accountable for your child's health it is essential to gather as much evidence as you can. This includes ultrasound scans, blood tests, and medical bills that arise due to the birth defect. This will help the attorney determine the monetary worth of the case.

Product Liability

Pregnancy can be one of the most exciting and nerve-wracking experiences in the life of a woman. However, it's also a time when medical professionals can make mistakes that could lead to birth defects. An experienced attorney can help parents to file a claim against the medical professionals who are responsible for their child's disabilities and receive the proper compensation they're entitled to.

Although the causes of birth defects are usually 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, like glycol ethers and solvents used in semiconductor birth defect manufacturing and agricultural chemicals used for pesticides as well as spraying on crops.

Manufacturers and those who prescribe medicines are also obliged to inform the public about their risks. However, a lot of these medications are sold off-label to women who are pregnant age, without warnings about the potential for 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 development of birth defects resulting from exposure of parents to toxic chemicals, which includes those in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.