Five Killer Quora Answers To Birth Defect Legal

Birth Defect Litigation

Some injuries are beyond the parents' control. Families are left with huge bills when these injuries require expensive procedures and specialized care.

A New York birth defect lawyer can assist parents who are shocked to file claims and receive compensation to pay for future expenses. However, the law has strict deadlines when a claim needs to be filed.

Statute of limitations

Modern technology and medical advancements have aided in reducing the risks related to pregnancy, childbirth and birth. However birth defects and injuries can still occur. If they can be prevented, families must consider their legal options.

Many birth defect lawsuits are based on allegations of medical malpractice. These cases could involve mistakes made by doctors or nurses at any time during labor and delivery procedures. Medical professionals can also commit malpractice after the birth of a baby when they fail to provide the proper treatment.

Generally, the time-limit for these cases is 2.5 years from the date of the occurrence of medical negligence. For infants this period can be extended. However, it is essential to seek legal counsel as soon as possible to ensure that all evidence is obtained and that a timely claim can be filed.

In addition to medical malpractice, a lawsuit could also be filed on behalf of a baby for birth defects caused by improper 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 selecting an attorney for a birth injury or defect lawsuit parents should be looking for the following qualities:

Medical Malpractice

Birth defects can cause numerous mental or physical ailments. Some birth defects can cause death. Some of these problems are caused by genetics, while others are due to environmental exposures or the use of prescription drugs 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 usually involve medical negligence during the birth or labor process. However, they could also comprise any act or failure to act that is not in the range of a medical standard of care, for instance, failing to recognize a medical issue or prescribing the wrong medicine during pregnancy.

One example of case involves a medication called teratogens. It can cause serious birth defects. When pregnant, doctors usually advise women to not take this medication, which is commonly used in the treatment of seizures. If an individual is exposed to the drug, then she must make an action.

It is important to select an attorney who has experience in handling these kinds of cases. Find a firm that is specialized in this field and operates on a contingency basis, so you don't have to pay any fees unless you get the case won. Choose an attorney with great negotiation and communication skills. This will ensure that you file your claim before the time limit expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities, which require costly medical care and accommodations for the child. The majority of these problems are inherited, but a few of them are caused by chemical or environmental exposure or medication that the mother took during pregnancy.

Drug manufacturers are required to test their products correctly and inform the public about any potential risks. Sadly many pharmaceutical companies do not keep up with research or anticipate potential side effects. Some doctors recommend dangerous drugs to their patients. Some women are not informed about the risks associated with 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 could cause birth defects are the chemicals used in the manufacturing and agricultural industries, as well as heavy metals such as mercury that can contaminate groundwater or air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women to harmful chemicals and other substances that harm their reproductive health and lead to birth defects.

When bringing lawsuits against the parties that are accountable for your child's health it is essential to gather as much evidence as you can. This includes blood tests, ultrasound images, and medical bills that arise as a result of the birth defect. This information helps the attorney to determine the worth of the case.

Product Liability

Pregnancy is one of the most exciting and nerve-wracking moments in a woman's life. But it's also a time where medical professionals often make mistakes that could cause birth defects. An experienced attorney can help parents bring a lawsuit against those responsible for their child's condition and acquire the justice they deserve.

While the causes of birth defects are generally not understood by medical professionals but a large proportion of birth defects are linked to environmental or chemical exposure. This can include parental exposure to toxic chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used in crop spraying and pesticides.

Furthermore, manufacturers and those who prescribe prescription medications have a responsibility to warn people of their risks. Yet, a substantial portion of these drugs are offered off-label to women of childbearing age, without warnings about the potential for birth defects. This is especially applicable to antidepressants such 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 that involve the occurrence of birth defects caused by parental exposure to toxic chemicals, including those used in semiconductor manufacturing as well as agriculture. He graduated from the American University in Washington, D.C. as well as Suffolk University Law School.