5 Killer Quora Answers On Birth Defect Legal

Birth Defect Litigation

Some injuries are beyond the parents or their control. Families may be left with a large bill when injuries require expensive procedures and special attention.

A New York birth defect lawyer can assist parents who are stunned to file claims and receive compensation to pay for future expenses. The law has strict time limits on when a claim may 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 need to explore their legal options.

Many birth defect lawsuits are founded on allegations of medical malpractice. These cases could involve mistakes made by nurses or doctors staff at any point during the birth process, including labor and pregnancy. Medical professionals may also be negligent following the birth of a child in the event that they fail to provide appropriate treatment.

Generally speaking, the time limit for these cases is 2.5 years from when the act was committed of medical malpractice. The time limit is extended for infants. It is crucial to consult an attorney early enough to ensure that all the evidence is gathered, and that a timely complaint be filed.

In addition to medical malpractice, a lawsuit can also be brought on behalf of a baby for birth defect law firms defects caused by wrongful exposure to chemicals and toxic substances that occur during the mother's pregnancy. Specially trained birth defect lawyers can investigate and defend these claims on behalf of the family.

When selecting an attorney for a birth injury or defect lawsuit parents should be looking for the following qualities:

Medical Malpractice

Birth defects can result in numerous physical or mental problems. Some birth defects can cause death. Some of these issues may be genetic and others may be caused through exposure to the environment or prescription drugs used during pregnancy.

A medical professional or doctor could be accused of misconduct in the event of causing a birth defect 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 act which falls below a standard of medical care, for example the failure to diagnose an illness or prescribing incorrect medication during pregnancy.

One such type of situation involves a drug called teratogens. This medication can cause serious birth defects. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If the woman is exposed to the drug then she must file an action.

It is important to select an attorney who is experienced in handling these types of cases. Choose a law firm that specializes in this area, and works on a contingency basis, so there is no cost unless you get the case won. Also, you should look for a lawyer with strong communication and negotiation skills. This can help 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 caused by genetics, but can also be caused by environmental or chemical exposure, or by medications taken by the mother during pregnancy.

Drug manufacturers are required to ensure that their products are tested properly and inform the public about the potential dangers. Unfortunately, some pharmaceutical companies do not keep up with the latest research or foresee potential side effects. Some doctors recommend dangerous drugs to their patients, and some women are not informed about the risks of taking certain drugs while pregnant. These are known as teratogens and 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 which pollute groundwater and air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women chemicals and substances that affect their reproductive health and lead to birth defects.

It is crucial to collect as many evidences as you can prior to filing a lawsuit against the responsible parties. This includes any blood tests, ultrasound images, and medical bills that arise as a result of the birth defect. This information assists attorneys determine the value 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 where medical professionals often make mistakes that can lead to birth defects. A reputable attorney can assist parents in filing an action and obtaining the compensation they deserve from the people responsible for the disabilities of their child.

Although the causes of birth defects are often unknown to medical experts but a large proportion of birth defects can be linked with exposure to chemicals or the environment. This may include contact by parents with toxic chemicals in the workplace, such as solvents and glycol ethers used in semiconductor manufacturing, and agricultural chemicals used for pesticides and spraying on crops.

Furthermore, manufacturers and those who prescribe prescription drugs must inform people about the risks. However, a significant portion of these drugs are marketed off-label for women of childbearing age without proper 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 involving the development 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 the American University in Washington, D.C., and Suffolk University Law School.