5 Killer Quora Answers To Birth Defect Legal
Birth Defect Litigation
Certain injuries are beyond the parents' control. When these injuries require special medical attention and expensive procedures, it can result in huge costs for families.
A New York birth defect lawyer can help stunned parents file claims and receive compensation to cover future costs. However, the law has strict time limitations on the time a claim has to be filed.
Statute of Limitations
Modern technology and medical advancements have reduced the risks that are associated with childbirth, pregnancy and birth. However, birth defects and injuries still occur. Families should consider their legal options when they can be prevented.
Many birth defect lawsuits are based upon allegations of medical malpractice. These lawsuits can result from mistakes committed by nurses or doctors staff at any point during labor, birth and pregnancy. Medical professionals may also be negligent after the birth of a baby if they fail provide proper treatment.
In general, the statutes of limitations in these cases is 2.5 years after the date of the medical negligence. For infants, this time can be extended. It is important to consult an attorney as soon as you can to ensure that all evidence is gathered and that a timely complaint can be filed.
In addition to medical malpractice, a lawsuit may also be filed on behalf of an infant for birth defects caused by wrongful toxic and chemical exposures that occur during the mother's pregnancy. Specially trained birth defect lawyers can investigate and prosecute these claims on behalf of the family.
Parents should think about the following aspects when choosing an attorney to represent them in a suit for birth defects or injuries:
Medical Malpractice
Birth defects can lead to a wide range of mental or physical problems. Some birth defects can cause death. Some of these issues may be genetic and others may be caused by environmental exposures or prescription drugs taken during pregnancy.
A medical professional or doctor could be convicted of malpractice if they cause a birth defect lawyers defect through their actions or inaction. These cases typically involve medical negligence during labor or delivery. However, they may also include any act or failure to act that falls short of the medical standard of care, like failing to diagnose a problem or prescribing the wrong medicine during pregnancy.
One example of case involves a medication 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 an individual is exposed to the drug it is recommended that she submit an action.
It is essential to select an attorney who has previous experience in these cases. You should look for an attorney who has years of experience in this field and operates on contingency basis, which means you won't be charged nothing until you win. Also, look for a lawyer with strong communication and negotiation skills. This will ensure that your claim is filed before the time for filing 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, however some of them may be caused by environmental or chemical exposure, or the medications the mother took while pregnant.
Pharmaceutical companies are required to test their products properly and warn the public of any risks that could be present. Unfortunately, some pharmaceutical companies do not keep up with research or anticipate potential side effects. In addition, doctors can prescribe dangerous medications to their patients as well as some women do not receive the correct information regarding the risks associated with taking certain medications during pregnancy. These drugs are referred to as teratogens and can cause birth defects in the fetus, such as spina bifida.
Other substances that can cause birth defects are chemicals used in the agricultural and manufacturing industries, and heavy metals such as mercury that pollute groundwater and air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women to harmful chemicals and substances that could cause harm to their reproductive health and lead to birth defects.
If you are filing an action against the parties who are responsible for your child's illness it is essential to gather the most evidence you can. This includes any ultrasound scans, blood tests, and medical bills that came up as a result of the birth defect. This allows the attorney to determine the monetary worth of the case.
Product Liability
Pregnancy is among the most exciting, and nerve-wracking experiences in women's lives. But it's also a time when medical professionals can make mistakes that can lead to birth defects. A top lawyer can help parents file a claim against those accountable for their child's handicap and acquire the proper compensation they're entitled to.
While the causes of birth defects are typically not understood by medical professionals but a large proportion of birth defects can be linked to exposure to chemicals or environmental factors. This could include contact from parents with toxic chemicals in the workplace, such as glycolethers and solvents utilized in semiconductor manufacturing as well as agricultural chemicals used for pesticides as well as spraying on crops.
In addition, manufacturers and those who prescribe prescription medications must inform people about the risks. However, a lot of these drugs are offered off-label to women who are pregnant age without warnings regarding the risk of birth defects. This is particularly applicable to antidepressants such Prozac and Zoloft.
Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. He concentrates his practice on cases involving the development of birth defects due to parental exposure to toxic chemicals such as those used in semiconductor manufacturing as well as agriculture. He is a graduate of the American University in Washington, D.C. and Suffolk University Law School.