5 Killer Quora Answers On Birth Defect Legal

Birth Defect Litigation

Certain injuries are beyond the parents' control. Families are left with huge debts when these injuries require costly procedures and special attention.

A New York birth defect lawyer can help stunned parents file an appeal and obtain compensation to cover future expenses. The law has strict time limitations for when claims can be filed.

Statute of Limitations

Modern technology and medical advances have helped to reduce the risks associated with pregnancy and childbirth. Birth defects and injuries persist. Families need to consider their legal options when they can be prevented.

Many birth defect lawsuits stem from allegations of medical malpractice. These cases could involve mistakes committed by nurses or doctors at any point in the pregnancy, labor and delivery processes. Additionally medical professionals can be guilty of medical malpractice following the birth of a child, when they fail to provide proper care.

In general the statute of limitation for these cases are 2.5 years from the date of the medical malpractice. This time period may be extended for infants. However, it is important to seek legal advice as soon as you can to ensure that all evidence is obtained and that a timely claim be filed.

A lawsuit can be filed on behalf of a child for birth defects caused by toxic and chemical exposures during pregnancy. Specially trained birth defect lawsuit defects lawyers can examine these claims and prosecute them on behalf of the family.

Parents should consider the following factors when choosing an attorney to represent them in a lawsuit involving birth defect or injury:

Medical Malpractice

Birth defects can trigger an array of mental or physical ailments. Certain birth defects can cause death. Some of these issues may be genetic while others are triggered by environmental exposures or prescription medications taken during pregnancy.

A doctor or medical professional may be accused of malpractice when they cause birth defects by their actions or inaction. These cases usually are based on medical negligence during delivery or labor. They also encompass any do something that is below the standard of medical treatment, for instance, failing to diagnose an illness or prescribing incorrect medication during pregnancy.

One of these cases involves the teratogens. These medications can cause birth defects that are serious. When pregnant, doctors usually advise women to not take this medication, which is used in the treatment of seizures. If a pregnant woman is exposed to this medication, she must make an insurance claim.

It is essential to select an attorney who has prior experience in these types of cases. Choose a law firm that is experienced in this area and operates on a contingency basis, so you won't have to pay a dime unless you win. Additionally, you should choose an attorney with excellent communication and negotiation skills. This will help ensure that you file your claim before the statute of limitation expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities which require costly medical care and accommodations for the child. These conditions are often genetic, but can also be caused by chemical or environmental exposure or the use of medications by the mother during pregnancy.

Drug makers are required to test their products thoroughly and warn the public of any potential risks. Unfortunately, some pharmaceutical companies are not keeping up with the latest research or fail to anticipate potential side effects. Certain doctors prescribe dangerous medications to their patients and some women aren't aware of the risks of taking certain drugs while pregnant. These drugs, also known as teratogens, can cause birth defects, like spina-bifida in the fetus.

Other substances that could cause birth defects are the chemicals used in the manufacturing and agricultural industries, and heavy metals like mercury, birth defect lawsuit which contaminate air or groundwater. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women chemicals and substances that could damage their reproductive health and lead to birth defect law firm defects.

It is essential to gather as much evidence as you can before filing a suit against the parties accountable. This includes any ultrasound scans, blood tests and medical bills incurred because of the birth defect. This assists the attorney in determining the monetary value of the case.

Product Liability

Pregnancy can be one of the most exciting and nerve-wracking experiences in a woman's lifetime. However, it's also a time where many medical professionals make mistakes that could lead to birth defects. A reputable attorney can assist parents in filing an appeal and gaining the compensation they deserve against those responsible for the disability of their child.

Medical experts are not always able to determine the causes of birth defects, however most of them can be attributable to environmental or chemical exposure. This may include contact by parents with toxic chemicals in the workplace, such as solvents and glycol ethers used in semiconductor manufacturing and chemical pesticides used in agriculture and crop spraying.

The pharmaceutical companies and those who prescribe medications also have a duty to warn the public about the risks. A significant portion of these drugs are marketed to women who are pregnant, without warnings about the risk of birth defect. 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 chemical and pharmaceutical companies. His practice is centered around cases where birth defects are caused by exposure of parents to toxic chemicals, such as those used in semiconductor manufacturing or farming. He graduated from American University in Washington, D.C. and Suffolk University Law School.