Five Killer Quora Answers To Birth Defect Legal

Birth Defect Litigation

Parents want perfect children, but some injuries happen outside of their control. If these injuries require special medical attention and expensive procedures, it can cause families to be faced with massive costs.

A New York birth defect lawyer can help stunned parents file an appeal and obtain compensation to pay for future expenses. However, the law has strict deadlines for when a claim should 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 do occur. If they can be prevented, families need to explore their legal options.

Many birth defect lawsuits are founded on allegations of medical malpractice. These cases may involve errors made by doctors or nursing staff at any stage of the birth process, including labor and pregnancy. Medical professionals can also be negligent following the birth of a baby by failing to provide the correct treatment.

In general the statute of limitations for these cases are 2.5 years after the date of the medical negligence. For infants, the time period can be extended. However, it is important to seek legal counsel as soon as possible to ensure that all evidence is gathered and that a timely claim be filed.

In addition to medical malpractice, a suit can also be filed on behalf of an infant 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 bring these cases on behalf of the family.

Parents should consider the following qualities when selecting an attorney to represent them in a lawsuit for birth injury or defect:

Medical Malpractice

Birth defects can lead to a wide range of physical or mental problems. Some birth defects can cause death. Some of these issues could be genetic while others are triggered through exposure to the environment or prescription medications used during pregnancy.

A medical professional or doctor could be accused of misconduct in the event of causing a birth defect through their actions or inaction. The most common cases involve medical negligence during the birth or labor process. They may also involve any do something that is below the standard of medical care, for example not diagnosing an illness or prescribing incorrect medication during pregnancy.

One example of this type of situation is a drug called teratogens, which can cause serious birth defects. Doctors typically 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 should submit a claim.

It is important to select an attorney with experience handling these kinds of cases. You should choose an attorney with expertise in this area and is on contingency, which means you don't pay anything until you win. Look for an attorney who has outstanding negotiation and communication skills. This will help ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

Many birth defects result in physical or mental disabilities, that require costly medical treatment and accommodations for the child. Often, these conditions are genetic, but some can be caused by chemical or environmental exposure, or by medications the mother took during pregnancy.

Drug makers are required to test their products thoroughly and warn consumers about any potential risks. Unfortunately many pharmaceutical companies fail to keep up with the latest research or anticipate the potential adverse consequences. In addition, doctors can prescribe dangerous medications to their patients, and some women do not receive the correct information regarding the risks associated with taking certain drugs during pregnancy. These drugs are referred to as teratogens and can cause birth defects in the fetus, including spina Bifida.

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

When filing lawsuits against the people who are responsible for your child's illness it is essential to gather the most evidence you can. This includes ultrasound images, blood tests, and medical bills incurred because of the birth defect. This will help the attorney determine the value of the case.

Product Liability

Pregnancy is among the most exciting and nerve-wracking experiences a woman can go through in her life. But it's also a period where medical professionals often make mistakes that could cause birth defects. A reputable attorney can assist parents in filing an appeal and gaining the compensation they deserve from those who are responsible for the impairment of their child.

Although the causes of birth defects are usually unknown to medical experts but a large proportion of birth defects can be linked with exposure to chemicals or the environment. This could include contact from parents with toxic chemicals at the workplace, for example glycolethers and solvents utilized in semiconductor manufacturing, and agricultural chemicals for pesticides and crop spraying.

The manufacturers and the people who prescribe medication must also inform people about the dangers. However, a significant portion of these medications are sold off-label for women of childbearing age without adequate warnings about the possibility 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 chemical and pharmaceutical companies. He concentrates his practice on cases involving the occurrence birth defects resulting from parental exposure to toxic chemicals, including the ones used in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.