5 Killer Quora Answers On Birth Defect Legal

Birth Defect (Led-5I8L419H33N.Net) Litigation

Parents want their children to be perfect, but some injuries happen out of their control. Families could be faced with a huge bill when injuries require costly procedures and special care.

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

Statute of Limitations

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

Many birth defect lawsuits are based upon allegations of medical malpractice. These cases could involve mistakes made by nurses or doctors at any time during birth, labor and delivery procedures. Medical professionals can also be negligent following the birth of a child in the event that they fail to provide appropriate treatment.

Generally, the time-limit for these cases is generally 2.5 years from the date of the incident of medical malpractice. For infants, this time period may be extended. But, it is crucial to seek legal advice as soon as possible to ensure that all evidence has been collected and that a timely claim be filed.

In addition to medical malpractice, a lawsuit could also be filed on behalf of an infant for birth defects caused by wrongful 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 take into consideration the following factors when choosing an attorney to represent them in a lawsuit involving birth defects or birth injuries:

Medical Malpractice

Birth defects can trigger many mental or physical problems. Some birth defects can cause death. Certain of these problems could be genetic while others are caused by environmental exposures or prescription drugs used during pregnancy.

A medical professional or doctor could be convicted of malpractice when they cause a birth defect through their actions or inaction. These cases usually involve medical negligence during the birth or labor process. However, they can include any act or inability to act that is not in the range of the medical standard of care, like failing to diagnose a problem or prescribing the wrong medication during pregnancy.

One such type of case involves a medication called teratogens. This medication can cause serious birth defects. During pregnancy, doctors usually advise women to avoid taking this medication, which is used to treat seizures. If a woman who is pregnant is exposed to this drug, she should make a claim.

It is important to choose an attorney who has handled these types of cases. Look for a law firm that specializes in this field and operates on the basis of a contingent fee, which means you don't pay anything unless you get the case won. Look for an attorney who has great negotiation and communication skills. This will help ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities that require expensive medical treatment and accommodations for the child. These problems are usually genetic, but can also be caused by chemical or environmental exposure, or by medications taken by the mother during pregnancy.

Pharmaceutical companies are required to test their products properly and inform the public of any potential risks. Unfortunately, some pharmaceutical companies do not keep up with the latest research or anticipate the potential adverse consequences. Some doctors prescribe dangerous drugs to their patients. Moreover, some women aren't aware of the dangers associated with taking certain medications while pregnant. These medications are referred to as teratogens, and they can cause birth defects in the fetus. This includes spina Bifida.

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

If you are filing lawsuits against the people accountable for your child's condition it is crucial to gather as much evidence as possible. This includes ultrasound images, blood tests, and medical bills that arise because of the birth defect. This will help the attorney determine the financial worth of the case.

Product Liability

Pregnancy can be one of the most exciting, yet anxious experiences of a woman's lifetime. However, it's also a time when many medical professionals make mistakes that could cause birth defects. A top lawyer can assist parents in submitting a claim and obtaining the amount they deserve from those responsible for the handicap of their child.

While the causes of birth defects are often unknown to medical professionals but a large proportion of birth defects are linked to exposure to chemicals or environmental factors. This can be due to exposure by parents to toxic chemicals in the workplace such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used in crop spraying and pesticides.

The pharmaceutical companies and those who prescribe medication are also required to inform people about the dangers. Yet, a substantial portion of these drugs are marketed off-label for women of childbearing age without adequate warnings about the possibility of birth defects. This is particularly the case with 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 that involve the occurrence of birth defects caused by exposure of parents to toxic chemicals, which includes the ones used in semiconductor manufacturing and agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.