Five Killer Quora Answers To Birth Defect Legal

Birth Defect Litigation

Parents want perfect children However, some accidents happen beyond their control. If injuries that result from these accidents require special medical attention and expensive procedures, it could cause families to incur huge costs.

A New York birth defect lawyer can assist parents in filing claims and receive compensation to cover future expenses. The law has strict time limitations on when a claim can be filed.

Statute of Limitations

Modern technology and medical advances have helped reduce the risks associated with childbirth and pregnancy. However, birth defects and injuries do occur. If they're preventable families must consider their legal options.

Many birth defect lawsuits are founded on allegations of medical malpractice. These lawsuits can result from mistakes made by doctors or nursing staff at any stage of labor, birth and pregnancy. Additionally, medical professionals can commit medical malpractice after the birth of a baby by failing to provide the proper treatment.

In general, the statutes of limitations in these cases is 2.5 years from the date of the medical mistake. For infants this can be extended. But, it is crucial to seek legal advice immediately to ensure that all evidence has been collected and that a timely claim can be filed.

In addition to medical malpractice, a lawsuit may also be filed on behalf of an infant for birth defects caused by wrongful toxic and chemical exposures that occur during a mother's pregnancy. Specially trained birth defect lawyers can investigate and defend these claims on behalf of the family.

Parents should be aware of the following characteristics when choosing an attorney to represent them in a lawsuit involving birth defects or birth injuries:

Medical Malpractice

Birth defects can cause a wide range of mental or physical issues. Some birth defects can cause death. Certain of these problems could be genetic while others are caused by environmental exposures or prescription drugs taken during pregnancy.

A doctor or medical professional could be accused of misconduct if they cause a birth defect through their actions or inaction. Most cases involve medical negligence during labor or delivery. However, they can also include any act or failure to act that falls short of the medical standard of care, like not diagnosing a medical condition 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. During pregnancy, doctors typically advise women to stay clear of this medication, which is utilized to treat seizures. If a pregnant woman is exposed to this medication, she must file an insurance claim.

It is crucial to select an attorney with experience in these types of cases. Find a law firm that is specialized in this area, and works on an hourly basis, which means there is no cost unless you succeed. Look for an attorney with an excellent ability to communicate and negotiate. This will help to ensure that you submit your claim before the statute of limitation 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, however some can be caused by chemical or environmental exposure, or medications that the mother was taking during pregnancy.

Drug makers are required to adequately test their products and inform consumers of any potential risks. Unfortunately certain pharmaceutical companies do not keep up with research or foresee potential side effects. Moreover, doctors may prescribe dangerous drugs to patients and women may not have adequate information about the risks associated with taking certain drugs during pregnancy. These medications are referred to as teratogens, and they can cause birth defects in the fetus including spina Bifida.

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

It is essential to gather as the evidence you can prior to making a claim against the parties responsible. This includes any ultrasound images, blood tests, and medical bills that came up due to the birth defect. This information helps the attorney determine the value of the case.

Product Liability

Pregnancy is among the most thrilling and stressful events in a woman's lifetime. However, it's also a time when medical professionals can make mistakes that can lead to birth defects. A top attorney can help parents file a claim against those responsible for their child's disability and obtain the proper compensation they're entitled to.

While the causes of birth defects are often unknown to medical experts but a large proportion of birth defect lawsuit defects are linked to exposure to chemicals or environmental factors. This may include contact by parents with toxic chemicals at the workplace, for example glycol ethers and solvents used in semiconductor manufacturing as well as chemical pesticides used in agriculture and spraying of crops.

In addition, manufacturers and those who prescribe prescription medicines have a responsibility to inform people of their risks. Yet, a large percentage of these drugs are offered off-label to women of childbearing age, without warnings about the potential for birth defects. This is especially true for antidepressants such as Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. His practice focuses on cases involving the occurrence of birth defects caused by parental exposure to toxic chemicals such as those used in semiconductor manufacturing and agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.