Five Killer Quora Answers On Birth Defect Legal

Birth Defect Litigation

Certain injuries are beyond the parents' control. Families are left with a huge bill when injuries require costly procedures and special treatment.

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

Statute of limitations

Modern medical technology and advances have helped to reduce risks that are associated with childbirth, pregnancy and birth. However, birth defects and injuries can still occur. If they're preventable families need to explore their legal options.

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

In general, the statutes of limitations for these cases is 2.5 years after the date of the medical malpractice. For infants this period may be extended. It is essential to speak with an attorney whenever you can to ensure that all evidence is gathered, and that a timely complaint be filed.

In addition to medical malpractice, a lawsuit may also be filed on behalf of a baby for birth defects resulting from improper exposure to chemicals and toxic substances 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 lead to many mental or physical ailments. Some birth defects can be fatal. Some of these issues are genetic, but others are caused by exposure to the environment or the use of prescription drugs 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, failing to diagnose an illness or prescribing incorrect medication during pregnancy.

One such type of case involves a medication called teratogens. This medication can cause serious birth defects. When pregnant, doctors usually recommend women not to take this medication, which is used in the treatment of seizures. If the woman is exposed to the drug, it is recommended that she submit an insurance claim.

It is essential to choose an attorney who has expertise in these kinds of cases. Choose a law firm that specializes in this area, and works on an hourly basis, which means you don't pay anything unless you succeed. Find an attorney who has outstanding negotiation and communication skills. This will ensure that your claim is filed before the time for filing expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities which require expensive medical care and accommodations for the child. Often, these conditions are genetically inherited, but some of them are caused by chemical or environmental exposure, or medications that the mother took while pregnant.

Drug makers are required to ensure that their products are tested properly and inform the public of any potential risks. Unfortunately certain pharmaceutical companies do not keep up with the latest research or anticipate potential side consequences. Certain doctors prescribe dangerous medications to their patients, and some women aren't aware of the risks associated with taking certain medications during pregnancy. These medications are referred to as teratogens and can cause birth defects in the fetus, such as spina bifida.

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

It is essential to gather as many evidences as you can prior to making a claim against the responsible parties. This includes ultrasound scans, blood tests, and medical bills incurred due to the birth defect. This assists the attorney in determining the monetary worth of the case.

Product Liability

Pregnancy is one of the most exciting and nerve-wracking events in a woman's lifetime. However, it's also a time where medical professionals often make mistakes that can lead to birth defects. An experienced attorney can help parents in submitting claims and getting the compensation they deserve from those responsible for the disability of their child.

Although the causes of birth defects are usually not understood by medical professionals but a large proportion of birth defects can be attributed to environmental or chemical exposure. This could be due to contact by parents with toxic chemicals in the workplace, for example glycolethers and solvents utilized in semiconductor manufacturing as well as agricultural chemicals used for pesticides as well as spraying crops.

Additionally, the manufacturers and those who prescribe prescription medicines have a responsibility to inform people of their risks. Yet, a substantial portion of these drugs are marketed off-label for women of childbearing age, without warnings about the risk of 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. His practice is centered around cases involving the development of birth defects that result from exposure of parents to toxic chemicals, such as the ones used in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.