5 Killer Quora Answers On Birth Defect Legal
Birth Defect Litigation
Certain injuries are beyond the parents in their control. When these injuries require special treatment and expensive procedures, it can result in huge costs for families.
A New York Birth Defect (Www.Golf-Kleinanzeigen.De) lawyer can assist parents who are shocked to file claims and receive compensation to cover future costs. However, the law places strict deadlines when a claim needs to be filed.
Statute of Limitations
Modern technology and medical advances have helped reduce the risks associated with childbirth and pregnancy. However, birth defects and injuries can still occur. Families need to consider their legal options when they are preventable.
Many birth defect lawsuits are based on allegations of medical malpractice. These cases may involve errors made by nurses or doctors staff at any time during pregnancy, labor and birth. Medical professionals may also commit malpractice after the birth of a child by failing to provide the correct treatment.
In general the statute of limitation for these cases are 2.5 years from the date of the medical mistake. This time frame can be extended for infants. It is nevertheless important to seek legal advice immediately to ensure that all evidence is collected and that a timely claim be filed.
In addition to medical malpractice, a suit can also be brought on behalf of an infant for birth defects resulting from improper 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 for a birth injury or defect lawsuit parents should be looking for the following characteristics:
Medical Malpractice
Birth defects can result in numerous mental or physical ailments. Some birth defects can cause death. Some of these problems are inherited, while others are caused by exposure to environmental factors or the use of prescription drugs during pregnancy.
A doctor or medical professional could be convicted of malpractice when they cause a birth defect through their actions or inaction. These cases are usually based on medical negligence during delivery or labor. They can also be a result of any act of failure to act which falls below a standard of medical treatment, for instance not diagnosing an illness or prescribing incorrect medication during pregnancy.
One example of situation is a drug called teratogens. It can cause serious birth defects. Doctors usually advise women not to take this medication during pregnancy. It is used to treat seizures. If the woman is exposed to the drug, then she must make a claim.
It is important to choose an attorney with experience handling these types of cases. Choose a law firm that is experienced in this area and operates on an on a contingency basis, meaning you don't pay anything unless you get the case won. Also, look for a lawyer with strong communication and negotiation abilities. This can help ensure that your claim is filed before the statute of limitations expires.
Prescription Drugs
Many birth defects result in physical or mental disabilities, which require expensive medical care and accommodations for the child. Most of the time, these issues are inherited, but a few of them may be caused by environmental or chemical exposure or medication that the mother was taking during pregnancy.
Pharmaceutical manufacturers are required to test their products thoroughly and warn consumers of any risks. Sadly some pharmaceutical companies fail to keep up with research or foresee potential side effects. In addition, doctors can prescribe dangerous medicines to their patients and women may not get proper information about the dangers of taking certain medications during pregnancy. These drugs are referred to as teratogens and can cause birth defects in the fetus, such as spina Bifida.
Other substances that can cause birth defects are chemicals used in the agricultural and manufacturing industries, as well as heavy metals like mercury which pollute groundwater and air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations which expose women to harmful chemicals and substances that could harm their reproductive health and cause birth defects.
It is important to collect as the evidence you can prior to filing a suit against the parties accountable. This includes ultrasound images, blood tests, and medical bills that arise because of the birth defect. This information helps the attorney to determine the value of the case.
Product Liability
Pregnancy is one of the most thrilling and stressful events in a woman's lifetime. However, it's also a time when many medical professionals make mistakes that can cause birth defects. An experienced attorney can help parents bring a lawsuit against those responsible for their child's condition and acquire the amount of compensation they deserve.
While the causes of birth defects are usually not understood by medical professionals but a large proportion of birth defects can be linked with exposure to chemicals or the environment. This can include parental contact with toxic chemicals in the workplace, for example glycol ethers and solvents used in semiconductor manufacturing and chemical pesticides used in agriculture and spraying on crops.
In addition, manufacturers and those who prescribe prescription medications must inform consumers of the dangers. However, a lot of these medications are sold off-label to women who are pregnant age, without warnings about the risk of birth defects. This is especially 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. He concentrates his practice on cases that involve the occurrence of birth defects caused by exposure of parents to toxic chemicals, including those in semiconductor manufacturing and agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.