Five Killer Quora Answers On Birth Defect Legal

Birth Defect Litigation

Some injuries are beyond the parents of their control. If these injuries require special treatment and expensive procedures, it could leave families with huge expenses.

A New York birth defect - in the know - 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 when a claim should be filed.

Statute of limitations

Modern technology and medical advancements have helped to reduce the risks associated with pregnancy and childbirth. However birth defects and injuries still occur. If they can be prevented, families must consider their legal options.

Many birth defect lawsuits are founded on allegations of medical malpractice. These lawsuits can be based on mistakes made by doctors or nurses at any time during the labor and delivery processes. Additionally medical professionals can be guilty of medical malpractice after a child's birth when they fail to provide the correct treatment.

In general, the statutes of limitations for these cases is 2.5 years after the date of the medical negligence. The time limit is extended for infants. It is important to consult an attorney as soon as you can to ensure that all the evidence is collected, and that a timely complaint can be filed.

In addition to medical malpractice, a lawsuit could also be filed on behalf of an infant for birth defects resulting from improper exposure to chemicals and toxic substances that occur during a mother's pregnancy. Specially trained birth defect lawyers can investigate and defend these claims on behalf of the family.

When choosing an attorney to represent them in a birth defect or birth injury lawsuit, parents should look for the following characteristics:

Medical Malpractice

Birth defects can result in many mental or physical ailments. Some birth defects can be fatal. Some of these problems may be caused by genetics while others are caused by environmental exposures or prescription medications used during pregnancy.

A medical professional or doctor could be accused of misconduct if they cause a birth defect through their actions or inaction. The majority of these cases are based on medical negligence during labor or delivery. However, they may also be a result of any action or failure to act that falls short of the medical standard of care, for instance, failing to diagnose a problem or prescribing the wrong medication during pregnancy.

One such type of situation is a drug known as teratogens, which could cause serious birth defects. During pregnancy, doctors typically advise women to stay clear of this medication, which is used to treat seizures. If an individual is exposed to the drug she must file an action.

It is essential to select an attorney who has handled these types of cases. You should choose an attorney who has expertise in this area and operates on contingency basis, which means you won't have to pay anything until you are successful. Find an attorney who has great negotiation and communication 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. Often, these conditions are genetic, but some can be caused by chemical or environmental exposure or medication that the mother consumed during pregnancy.

Pharmaceutical companies are required to ensure that their products are tested properly and inform the public of any potential risks. Unfortunately some pharmaceutical companies don't keep up-to-date with current research or fail to anticipate possible adverse effects. Moreover, doctors may prescribe dangerous medications to their patients as well as some women do not have adequate information about the dangers of taking certain medications during pregnancy. These medications are referred to 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, as well as heavy metals like mercury which can contaminate groundwater or air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women chemicals and substances that damage their reproductive health and lead to birth defects.

It is crucial to gather as many evidences as you can before making a claim against the parties accountable. This includes any ultrasound scans, blood tests, and medical bills that arise because of the birth defect. This information helps the attorney determine the worth of the case.

Product Liability

Pregnancy is one of the most exciting and nerve-wracking moments in a woman's life. But it's also a time where many medical professionals make mistakes that can lead to birth defects. An experienced attorney can help parents to file a claim against the medical professionals accountable for their child's handicap and acquire the proper compensation they're entitled to.

While the causes of birth defects are typically unknown to medical professionals but a large proportion of birth defects can be linked with exposure to chemicals or the environment. This could include exposure of parents to toxic chemicals at work such as solvents and glycol ethers in semiconductor manufacturing, as well as agricultural chemicals used in spraying for crops and pesticides.

The pharmaceutical companies and those who prescribe medication are also obliged to warn the public about their risks. However, a significant portion of these medications are sold off-label to women of childbearing age without warnings regarding the risk of birth defects. This is particularly relevant 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. He focuses his practice on cases involving the occurrence of birth defects resulting from exposure of parents to toxic chemicals such as those used in semiconductor manufacturing as well as agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.