Five Killer Quora Answers To Birth Defect Legal

Birth Defect Litigation

Certain injuries are beyond the parents or their control. Families could be faced with a large bill when injuries require expensive procedures and special care.

A New York birth defect lawyer can assist parents who are stunned to file claims and receive compensation to cover future expenses. However, the law imposes strict time limitations on when a claim must be filed.

Statute of Limitations

Modern technology and medical advances have reduced the risks associated with pregnancy, childbirth and birth. However birth defects and injuries still occur. Families should consider their legal options when they are preventable.

Many birth defect lawsuits are based on allegations of medical malpractice. These cases may involve mistakes made by doctors or nurses at any point in the pregnancy, labor and delivery processes. Medical professionals can also commit malpractice after the birth of a child in the event that they fail to provide appropriate treatment.

In general, the statutes of limitations in these cases is 2.5 years from the date of the medical negligence. This time frame may be extended for infants. It is crucial to consult a lawyer whenever you can to ensure that all the evidence is gathered, and that a timely complaint be filed.

In addition to medical malpractice, a lawsuit can 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 bring these cases on behalf of the family.

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

Medical Malpractice

birth defect law firms defects can lead to numerous mental or physical problems. Some birth defects can cause death. Some of these issues are inherited, whereas others are caused by environmental exposures or the use of prescription medications during pregnancy.

A doctor or medical professional could be convicted of malpractice in the event of causing a birth defect through their actions or inaction. These cases typically are based on medical negligence in labor or delivery. They can also be a result of any be in compliance with a standard of medical care, for example the failure to diagnose an illness or prescribing incorrect medication during pregnancy.

One such type of situation involves a drug called teratogens. It can cause serious birth defects. Doctors typically advise women to take this medication during pregnancy. It is used to treat seizures. If a woman who is pregnant is exposed to this drug, she should make an insurance claim.

It is essential to select an attorney who is experienced in handling these kinds of cases. Look for a law firm that is specialized in this area, and works on a contingency basis, so you don't have to pay any fees unless you win. Also, look for a lawyer with strong negotiation and communication skills. This will ensure that your claim is filed before the time limit expires.

Prescription Drugs

Many birth defects result in physical or mental disabilities, that require costly medical treatment and accommodations for the child. The majority of these problems are genetic, but some of them may be caused by chemical or environmental exposure, or the medications the mother took while pregnant.

Pharmaceutical manufacturers are required to adequately test their products and warn consumers of any risks. Unfortunately, some pharmaceutical companies are not keeping up with the latest research or fail to anticipate potential side effects. Some doctors recommend dangerous drugs to their patients. Moreover, some women are not aware of the dangers associated with using certain drugs during pregnancy. These medications are referred to as teratogens, and they can cause birth defects in the fetus, such as spina bifida.

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

When bringing lawsuits against the parties that are accountable for your child's health it is crucial to gather the most evidence you can. This includes any blood tests, ultrasound images, and medical bills incurred as a result of the birth defect. This will help the attorney determine the monetary worth of the case.

Product Liability

Pregnancy is among the most exciting and nerve-wracking moments in a woman's life. However, it's also a time where many medical professionals make mistakes that could cause birth defects. A top lawyer can assist parents in filing an action and obtaining the money they deserve from those responsible for the disability of their child.

Although the causes of birth defects are typically unknown to medical experts but a large proportion of birth defects can be linked to exposure to chemicals or environmental causes. This can include exposure by parents to toxic chemicals at work, such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used in spraying crops and pesticides.

The pharmaceutical companies and those who prescribe medication also have a duty to inform the public about the risks. Yet, a large percentage of these drugs are sold off-label to women of childbearing age without proper warnings about the potential for birth defects. This is especially relevant for antidepressants like 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 involving the development of birth defects resulting from exposure of parents to toxic chemicals, which includes 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.