5 Killer Quora Answers To Birth Defect Legal

Birth Defect Litigation

Parents want their children to be perfect However, some injuries occur outside their control. When injuries require specialized treatment and costly procedures, it could cause families to be faced with massive costs.

A New York birth defect lawyer can assist parents in filing an appeal and obtain compensation to cover future expenses. The law has strict deadlines on when claims can be filed.

Statute of Limitations

Modern technology and medical advancements have helped to reduce the risks associated with pregnancy and childbirth. However, birth defects and injuries do occur. Families need to explore their legal options if they can be prevented.

Many birth defect lawsuits are based on allegations of medical malpractice. These cases may involve mistakes made by nurses or doctors at any point during the birth, labor and delivery processes. In addition medical professionals could be guilty of medical malpractice following a child's birth by failing to provide proper treatment.

Generally, the statute of limitations in these cases is generally 2.5 years from the date of the incident of medical negligence. For infants, this can be extended. It is nevertheless important to seek legal advice early enough to ensure that all evidence has been collected and that a timely claim be filed.

In addition to medical malpractice, a lawsuit may also be filed on behalf of an infant for birth defects that result from wrongful exposure to chemicals and toxic substances that take place 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 defect or birth injury lawsuit parents should consider the following characteristics:

Medical Malpractice

Birth defects can lead to many physical or mental problems. Some birth defects can cause death. Some of these issues are inherited, whereas others are due to environmental exposures or the use of prescription drugs during pregnancy.

A doctor or medical professional could be accused of malpractice in the event of causing a birth defect through their actions or inaction. Most cases involve medical negligence during the birth or labor process. However, they may also comprise any act or failure to act that falls short of a medical standard of care, such as failing to diagnose a problem or prescribing the wrong medication during pregnancy.

One example of this type of case involves a medication called teratogens. This medication can cause serious birth defects. Doctors typically advise women not to take this medication during pregnancy. It is used to treat seizures. If a woman who is pregnant is exposed to this medication, she must make an insurance claim.

It is crucial to select an attorney who has handled these kinds of cases. You should look for an attorney with experience in this field and is based on contingency, meaning that you don't pay any fees until you win. Additionally, you should choose an attorney who has strong 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 costly medical care and accommodations for the child. These conditions are often caused by genetics, but can also be caused by chemical or environmental exposure, or by medications taken by the mother during pregnancy.

Drug manufacturers have an obligation to test their products thoroughly and warn consumers about any risks. Unfortunately, some pharmaceutical companies are not keeping up-to-date with current research or fail to anticipate possible side effects. Certain doctors prescribe dangerous medications to their patients, and some women are not informed about the risks associated with taking certain drugs while pregnant. These drugs are known as teratogens, and they can cause birth defects in the fetus, including 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 contaminate air or groundwater. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women chemicals and substances that can damage their reproductive health and lead to birth defects.

When filing a lawsuit against the parties that are accountable for your child's health it is essential to gather as much evidence as you can. This includes any ultrasound images, blood tests and medical bills that came up as a result of the birth defect. This helps the attorney establish the monetary worth of the case.

Product Liability

Pregnancy is among the most thrilling and stressful times in a woman's life. But it's also a period where many medical professionals make mistakes that can lead to birth defects. An experienced attorney can help parents in submitting an action and obtaining the compensation they deserve from those responsible for the handicap of their child.

While the causes of birth defects are often not understood by medical professionals but a large proportion of birth defects can be linked to exposure to chemicals or environmental causes. This can be due to exposure by parents to toxic chemicals at work, such as glycol ethers and solvents in semiconductor manufacturing, as well as agricultural chemicals used for spraying crops and pesticides.

Furthermore, manufacturers and those who prescribe prescription medications must inform patients of the risks. However, a significant portion of these drugs are marketed off-label to women who are pregnant age, without warnings about the risk of birth defects. This is particularly true 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 focuses his practice on cases involving the development of birth defects due to exposure of parents to toxic chemicals, which includes those used in semiconductor manufacturing and agriculture. He graduated from the American University in Washington, D.C. and Suffolk University Law School.