5 Killer Quora Answers On Birth Defect Legal
Birth Defect Litigation
Parents want their children to be perfect However, some accidents happen beyond their control. Families may be left with huge bills when these injuries require costly procedures and special attention.
A New York birth defect lawyer can assist parents in filing a claim and get compensation to cover the cost of future expenses. However, the law puts strict time limitations on the time a claim has to be filed.
Statute of limitations
Modern technology and medical advancements have helped to reduce risks associated with childbirth, pregnancy and birth. However birth defects and injuries continue to occur. If they're preventable families need to explore their legal options.
Many birth defect lawsuits are founded on allegations of medical malpractice. These cases can involve errors made by doctors or nurses at any time during labor and birth procedures. Medical professionals may also commit malpractice after the birth of a baby if they fail provide proper treatment.
Generally, the time-limit for these cases is 2.5 years from the date of the act of medical malpractice. For infants, the time period can be extended. However, it is important to seek legal advice as soon as possible to ensure that all evidence is obtained 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 caused by improper toxic and chemical exposures that occur during a 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 injury or defect lawsuit parents should consider the following characteristics:
Medical Malpractice
Birth defects can cause many physical or mental problems. Some birth defects can be fatal. Certain of these problems could be genetic, while others are caused by exposure to the environment or prescription drugs used during pregnancy.
A doctor or medical professional could be convicted of malpractice if they cause a birth defect through their actions or inaction. The majority of these cases are based on medical negligence in delivery or labor. However, they may also comprise any act 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 instance of situation involves a drug called teratogens, which can cause serious birth defects. Doctors usually 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 make an insurance claim.
It is important that you choose an attorney who has prior experience in these types of cases. Find a law firm that is specialized in this area and works on an hourly basis, which means there is no cost unless you succeed. Look for an attorney who has outstanding negotiation and communication skills. This will ensure that you submit your claim before the statute of limitations expires.
Prescription Drugs
Many birth defects result in mental or physical disabilities that require costly medical treatment and accommodations for the child. These conditions are often genetic, but they may also be caused by chemical or environmental exposure, or by medications taken by the mother during pregnancy.
Drug makers are required to thoroughly test their products and inform consumers of any risks. Unfortunately certain pharmaceutical companies fail to keep up with the latest research or fail to anticipate potential adverse consequences. Certain doctors prescribe dangerous drugs to their patients and some women aren't aware of the dangers associated with taking certain drugs while pregnant. These drugs are known as teratogens. They can cause birth defects in the fetus, including spina Bifida.
Other substances that could cause birth defects are the chemicals used in the manufacturing and agricultural industries, and heavy metals like mercury that affect groundwater or the air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women chemicals and substances that harm their reproductive health and lead to birth defects.
It is crucial to gather as many evidences as you can before making a claim against the parties accountable. This includes blood tests, ultrasound images and medical bills that arose due to the birth defect. This allows the attorney to determine the monetary worth of the case.
Product Liability
Pregnancy can be one of the most exciting, and stressful experiences in women's lives. However, it's also a time where many medical professionals make mistakes that can lead to birth defects. A top 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 usually not understood by medical professionals but a large proportion of birth defects are linked to exposure to chemicals or environmental factors. This can include parental contact with toxic chemicals in the workplace, for example glycol ethers and solvents that are used in semiconductor manufacturing, as well as agricultural chemicals for pesticides and crop spraying.
Manufacturers and those who prescribe medication also have a duty to inform people about the dangers. However, a lot of these drugs are offered off-label to women who are pregnant age without adequate 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 lawsuit defect lawsuits against chemical and pharmaceutical companies. His practice is centered around cases that involve the occurrence of birth defects caused by parental exposure to toxic chemicals, Defect including those used in semiconductor manufacturing as well as agriculture. He is a graduate of the American University in Washington, D.C., and Suffolk University Law School.
