5 Killer Quora Answers To Birth Defect Legal

Birth Defect Litigation

Parents want perfect babies, but some injuries happen out of their control. Families could be faced 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 a claim and get compensation to cover future costs. The law has strict deadlines on when claims can be filed.

Statute of limitations

Modern technology and medical advances have helped to reduce the risks associated with pregnancy and childbirth. However birth defects and injuries still occur. Families must consider their legal options when they can be prevented.

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

Generally, the time-limit for these cases is 2.5 years from the date of the incident of medical negligence. For infants, the time is sometimes extended. But, it is crucial to seek legal counsel as soon as you can to ensure that all evidence is gathered and that a timely claim be filed.

In addition to medical malpractice, a suit can also be brought on behalf of a baby for birth defects resulting from 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.

Parents should be aware of the following characteristics when choosing an attorney to represent them in a suit for birth injury or defect:

Medical Malpractice

Birth defects can trigger numerous mental or physical issues. Some birth defects can be fatal. Some of these problems are inherited, whereas others are caused by environmental exposures or the use of prescription medications during pregnancy.

A medical professional or doctor could be convicted of malpractice in the event of causing a birth defect lawyers defect through their actions or inaction. The majority of these cases are caused by medical negligence during labor or delivery. However, they may also include any act or failure to act that is not in the range of the medical standard of care, such as failing to diagnose a problem or prescribing the wrong medication during pregnancy.

One example of this type of situation involves a drug called teratogens. It can cause serious birth defects. During pregnancy, doctors usually advise women to stay clear of this medication, which is commonly used to treat seizures. If a pregnant woman is exposed to this medication, she must file a claim.

It is crucial to choose an attorney who has prior experience in these types of cases. It is best to choose a firm with years of experience in this field and operates on contingency basis, which means you won't have to pay nothing until you win. Also, look for an attorney with excellent communication and negotiation skills. This will help ensure that you file your claim before the time limit expires.

Prescription Drugs

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

Drug manufacturers have an obligation to test their products thoroughly and inform consumers of any potential risks. Unfortunately certain pharmaceutical companies fail to keep up-to-date with current research or fail to anticipate potential adverse consequences. Certain doctors prescribe dangerous medications to their patients and some women aren't aware of the risks of taking certain drugs while pregnant. These drugs are referred to as teratogens and can cause birth defects in the fetus. This includes spina bifida.

Other substances that can cause birth defects are 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 against powerful corporations which expose women to harmful chemicals and substances that could cause harm to their reproductive health and lead to birth defects.

It is crucial to gather as many evidences as you can prior to filing a suit against the responsible parties. This includes any ultrasound scans, blood tests and medical bills that arose as a result of the birth defect. This information assists attorneys determine the value of the case.

Product Liability

Pregnancy is one of the most thrilling and stressful experiences a woman can go through in her life. But it's also a period when medical professionals can make mistakes that could cause birth defects. A top lawyer can help parents make a claim against those accountable for their child's handicap and receive the proper compensation they're entitled to.

While the causes of birth defects are typically not understood by medical professionals but a large proportion of birth defects are linked with exposure to chemicals or the environment. This could be due to contact by parents with toxic chemicals in the workplace, like solvents and glycol ethers used in semiconductor manufacturing as well as chemical pesticides used in agriculture and spraying of crops.

The manufacturers and the people who prescribe medication must also inform the public about their risks. Yet, a substantial portion of these drugs are offered off-label for women of childbearing age without warnings regarding the risk of birth defects. This is particularly applicable to antidepressants such 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 occurrence 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.