5 Killer Quora Answers To Birth Defect Legal

Birth Defect Litigation

Some injuries are out of the parents of their control. When these injuries require special care and costly procedures, it can result in huge costs for families.

A New York birth defect lawyer can assist parents in filing an appeal and obtain compensation to cover future expenses. However, the law has strict time limitations on when a claim must be filed.

Statute of limitations

Modern technology and medical advances have helped reduce the risks associated with pregnancy and childbirth. However, birth defects and injuries do occur. If they can be prevented, families need to explore 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. Medical professionals may also commit malpractice after the birth of a baby in the event that they fail to provide appropriate treatment.

In general, the statutes of limitations for these cases is 2.5 years from the date of the medical negligence. For infants, the time is sometimes extended. But, it is crucial to seek legal counsel early enough to ensure that all evidence is collected and that a timely claim be filed.

In addition to medical malpractice, a lawsuit can also be brought on behalf of a baby for birth defects resulting from improper exposure to chemicals and toxic substances that occur during the mother's pregnancy. Specially trained birth defect lawyers can investigate and pursue 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 defect or injury:

Medical Malpractice

Birth defects can lead to an array of mental or physical issues. Some birth defects can cause death. Certain of these problems could be caused by genetics, while others are caused through exposure to the environment or prescription medications taken 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 typically are based on medical negligence in labor or delivery. They can also include any do something that is below the standard of medical care, for example not diagnosing an illness or prescribing the wrong medication during pregnancy.

One example of case is a medication called teratogens, which can cause serious birth defects. During pregnancy, doctors usually recommend women not to take this medication, which is utilized to treat seizures. If an individual is exposed to the drug, then she should submit a claim.

It is vital to choose an attorney with experience in these types of cases. Look for a law firm that has a specialization in this area and operates on a contingency basis, so you won't have to pay a dime unless you win. Find an attorney who has outstanding negotiation and communication skills. This will help ensure that you submit your claim before the time limit expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities, that require costly medical treatment and accommodations for the child. The majority of these problems are genetic, however some of them can be caused by chemical or environmental exposure, or the medications the mother took during pregnancy.

Pharmaceutical companies are required to test their products correctly and inform the public of any potential risks. Unfortunately some pharmaceutical companies do not keep up-to-date with current research or fail to anticipate potential side effects. Furthermore, doctors may prescribe dangerous medications to their patients and some women do not get proper information about the dangers of taking certain medications during pregnancy. These drugs are known as teratogens and 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, and heavy metals like mercury which affect groundwater or the air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women chemicals and other substances that cause harm to their reproductive health and cause birth defects.

If you are filing an action against the parties who are responsible for your child's illness it is essential to gather as much evidence as you can. This includes any ultrasound scans, blood tests and medical bills that arise due to the birth defect. This information can help the attorney determine the worth of the case.

Product Liability

Pregnancy is among the most thrilling and stressful times in a woman's life. However, it's also a time when medical professionals can make mistakes that could lead to birth defects. An experienced attorney can assist parents make a claim against those accountable for their child's handicap and acquire the justice they deserve.

Although the causes of birth defects are typically not understood by medical professionals but a large proportion of birth defects can be linked to exposure to chemicals or environmental factors. This could include contact from parents with toxic chemicals in the workplace, like glycol ethers and solvents that are used in semiconductor manufacturing as well as agricultural chemicals used for pesticides and spraying on crops.

In addition, the manufacturer and the people who prescribe prescription medications have a responsibility to inform patients of the risks. However, a lot of these drugs are marketed off-label for women of childbearing age without proper warnings about the risk of birth defects. This is especially 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. His practice focuses on cases that involve the occurrence of birth defects caused by parental exposure to toxic chemicals, such as those used in semiconductor manufacturing as well as agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.