5 Killer Quora Answers To Birth Defect Legal

Birth Defect Litigation

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

A New York birth defect attorney can assist parents in shock file an action to receive compensation for future expenses. However, the law puts strict deadlines when a claim should be filed.

Statute of Limitations

Modern medical technology and advancements in medical science have reduced the risks associated with childbirth, pregnancy and birth. Birth defects and injuries continue to occur. Families need to explore their legal options when they are preventable.

Many birth defect lawsuits stem from allegations of medical malpractice. These cases could involve mistakes committed by nurses or doctors at any point in the labor and birth processes. Medical professionals may also be guilty of malpractice following the birth of a baby when they fail to provide the proper treatment.

In general the statute of limitations in these cases are 2.5 years after the date of the medical error. For infants this period can be extended. It is important to consult an attorney early enough to ensure that all evidence is gathered, and that a timely complaint can be filed.

In addition to medical malpractice, a suit can also be brought on behalf of a baby for birth defects that result from wrongful toxic and chemical exposures that occur during the mother's pregnancy. Lawyers specially trained in birth defects can investigate and prosecute these claims on behalf of the family.

Parents should be aware of the following qualities when selecting an attorney to represent their interests in a lawsuit filed for birth defects or birth injuries:

Medical Malpractice

Birth defects can cause various physical and mental problems. Some may even be fatal. Some of these problems are inherited, whereas others are due to exposure to environmental factors or the usage of prescribed drugs during pregnancy.

A doctor or medical professional can be accused of negligence when they cause birth defect lawyer defects through their actions or inaction. These cases are usually based on medical negligence in labor or delivery. They can also be a result of any be in compliance with a standard of medical care, such as, failing to diagnose an illness or prescribing incorrect medication during pregnancy.

One example is involving Teratogens. These medications can lead to serious birth defects. In the course of pregnancy, doctors generally advise women to stay clear of this medication, which is used to treat seizures. If an individual is exposed to the drug, then she should file a claim.

It is crucial to select an attorney who has expertise in these kinds of cases. Choose a law firm that is specialized in this area, and works on the basis of a contingent fee, which means you don't have to pay any fees unless you get the case won. Look for an attorney with great negotiation and communication skills. This will help ensure that you file your claim before the statute of limitations expires.

Prescription Drugs

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

Drug makers are required to test their products thoroughly and inform the public of any risks that could be present. Unfortunately, some pharmaceutical companies are not keeping up with the latest research or fail to anticipate potential adverse consequences. Some doctors recommend dangerous drugs to their patients, and some women are not aware of the dangers associated with taking certain medications while pregnant. These drugs, referred to as teratogens, can cause birth defects such as spina-bifida in the fetus.

Other substances that could cause birth defects are chemicals used in the agricultural and manufacturing industries, and heavy metals like mercury which pollute groundwater and air. Diane Paolicelli's career in law has been dedicated to combating powerful corporations that expose women to harmful substances and chemicals that can affect their reproductive health or cause birth defects.

When filing an action against the parties who are responsible for your child's illness, it is important to gather the most evidence you can. Included in this are ultrasound images or blood tests, as well as medical bills that are incurred due to. This information assists attorneys determine the worth of the case.

Product Liability

Pregnancy can be one of the most exciting, but anxiety-inducing experiences in women's lives. It's also the time that many medical professionals can make mistakes that cause birth defects. An experienced attorney can help parents to file a claim against the medical professionals accountable for their child's handicap and obtain the justice they deserve.

Medical experts aren't always able to pinpoint the root of birth defects, however the majority of them can be attributed to chemical or environmental exposure. This can be due to exposure by parents to toxic chemicals in the workplace such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used for crop spraying and pesticides.

The manufacturers and the people who prescribe medication are also required to inform the public about their risks. However, a significant portion of these drugs are sold off-label to women who are pregnant age, without warnings about the risk of birth defects. This is especially the case with antidepressants such as Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. He concentrates his practice on cases where birth defects are caused by exposure to toxic chemicals by parents like those employed in semiconductor manufacturing or agricultural. He is a graduate from the American University in Washington, D.C. and Suffolk University Law School.