5 Killer Quora Answers To Birth Defect Legal
Birth Defect Litigation
Certain injuries are beyond the parents of their control. Families can be left with a huge bill when injuries require expensive procedures and special care.
A New York birth defect lawsuit defect lawyer can assist parents who are stunned to file a claim and get compensation to pay for future expenses. However, the law imposes strict deadlines for the time a claim has to be filed.
Statute of limitations
Modern technology and medical advancements have helped to reduce the risks associated with childbirth and pregnancy. However, birth defect law firm defects and injuries still occur. If they're preventable families should consider their legal options.
Many birth defect lawsuits are founded on allegations of medical malpractice. These lawsuits can be based on mistakes made by nurses or doctors at any point in the birth, labor and delivery procedures. Additionally medical professionals could be guilty of medical malpractice following the birth of a child in the event that they fail to provide the proper treatment.
In general the statute of limitations for these cases are 2.5 years from the date of the medical negligence. The time frame may be extended for infants. But, it is crucial to seek legal counsel as soon as you can to ensure that all evidence is obtained and that a timely claim can be filed.
In addition to medical malpractice, a suit could also be filed on behalf of an infant for birth defects caused by improper exposure to chemicals and toxic substances that occur during a mother's pregnancy. Specially trained birth defect lawyers can investigate and bring these cases on behalf of the family.
When selecting an attorney for a birth injury or defect lawsuit parents should consider the following qualities:
Medical Malpractice
Birth defects can lead to numerous mental or physical issues. Some birth defects can be fatal. Some of these issues may be genetic and others may be caused by exposure to the environment or prescription drugs used during pregnancy.
A medical professional or doctor may be accused of negligence if they cause a birth defect through their actions or inaction. The majority of these cases are based on medical negligence in delivery or labor. However, they may also comprise any act or failure to act that is in violation of a medical standard of care, like failing to diagnose a condition or prescribing the wrong medicine during pregnancy.
One such type of case involves a medication called teratogens, which can cause serious birth defects. During pregnancy, doctors usually recommend women not to take this medication, which is utilized in the treatment of seizures. If a pregnant woman is exposed to this drug, she should submit a claim.
It is crucial to select an attorney who is experienced in handling these kinds of cases. Choose a law firm that is experienced in this area and operates on the basis of a contingent fee, which means there is no cost unless you get the case won. Look for an attorney who has excellent communication and negotiation skills. This will ensure that your claim is filed before the time limit expires.
Prescription Drugs
Many birth defects result in mental or physical disabilities, which require expensive medical care and accommodations for the child. These issues are often genetic, but they can also be caused by environmental or chemical exposure or the use of medications by the mother during pregnancy.
Drug manufacturers are required to test their products thoroughly and warn consumers of any risks. Unfortunately certain pharmaceutical companies don't keep up-to-date with the latest research or fail to anticipate potential side effects. Some doctors prescribe dangerous drugs to their patients, and some women are not informed about the dangers associated with using certain drugs during pregnancy. These drugs are known as teratogens. They can cause birth defects in the fetus, including spina Bifida.
Other substances that could cause birth defects are the chemicals used in the manufacturing and agricultural industries, and heavy metals like mercury that pollute groundwater and air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women chemicals and substances that could affect their reproductive health and lead to birth defects.
It is important to collect as much evidence as you can before making a claim against the responsible parties. This includes ultrasound images, blood tests, and medical bills that arise because of the birth defect. This assists the attorney in determining the monetary worth of the case.
Product Liability
Pregnancy is among the most thrilling and stressful moments in a woman's life. However, it's also a time when many medical professionals make mistakes that could lead to birth defects. A top lawyer can assist parents in submitting an appeal and gaining the compensation they deserve from those responsible for the handicap of their child.
Although the causes of birth defects are typically unknown to medical professionals but a large proportion of birth defects are linked with exposure to chemicals or the environment. This can include parental exposure to harmful chemicals at work, such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used in spraying for crops and pesticides.
The pharmaceutical companies and those who prescribe medications must also warn the public about the dangers of their products. Yet, a substantial portion of these medications are sold off-label to women who are pregnant age without adequate warnings about the possibility 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 chemical and pharmaceutical companies. His practice is centered around cases involving the occurrence of birth defects due to exposure of parents to toxic chemicals, which includes those in semiconductor manufacturing and agriculture. He graduated from the American University in Washington, D.C. and Suffolk University Law School.