Five Killer Quora Answers To Birth Defect Legal

Birth Defect Litigation

Parents want perfect babies, but some injuries happen beyond their control. Families are left with a huge bill when injuries require expensive procedures and special care.

A New York birth defect lawyer can assist parents who are stunned to file claims and receive compensation to cover future expenses. The law has strict time limits on when claims can be filed.

Statute of limitations

Modern technology and medical advances have aided in reducing the risks that are associated with childbirth, pregnancy and birth. Birth defects and injuries do continue to occur. When they are preventable, families must explore their legal options.

Many birth defect lawsuits are based upon allegations of medical malpractice. These cases could involve mistakes made by doctors or nursing staff at any point during pregnancy, labor and birth. In addition, medical professionals can commit medical malpractice after the birth of a baby when they fail to provide proper treatment.

In general the statute of limitation for these cases is 2.5 years after the date of the medical mistake. This time period may be extended for infants. 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 lawsuit may also be filed on behalf of an infant for birth defect lawyer defects resulting from improper exposure to chemicals and toxic substances that take place during the mother's pregnancy. Specially trained birth defect lawyers can investigate and defend these claims on behalf of the family.

Parents should be aware of the following aspects when choosing an attorney to represent them in a lawsuit involving birth defects or birth injuries:

Medical Malpractice

Birth defects can cause many physical or mental problems. Some of them may even be fatal. Certain of these problems could be genetic, while others are caused by exposure to the environment or prescription medications used during pregnancy.

A medical professional or doctor could be accused of malpractice when they cause birth defects due to their actions or inaction. These cases typically are due to medical negligence during delivery or labor. They may also involve any other be in compliance with a standard of medical care, such as the failure to diagnose an illness or prescribing the wrong medication during pregnancy.

One example is involving Teratogens. These medications can lead to birth defects that are serious. In the course of pregnancy, doctors generally recommend women not to take this medication, which is used to treat seizures. If a woman who is pregnant is exposed to this medication, she must make an insurance claim.

It is essential to select an attorney who has experience in handling these kinds of cases. You should look for an attorney with experience in this field and operates on contingency basis, which means you won't have to pay anything until you are successful. Also, you should look for an attorney with excellent communication and negotiation abilities. This will help ensure that your claim is filed before the time limit expires.

Prescription Drugs

Many birth defects cause mental or physical disabilities that require costly medical treatment and accommodations for the child. Often, these conditions are genetically inherited, but some can be caused by environmental or chemical exposure or medication that the mother took while pregnant.

Pharmaceutical companies are required to ensure that their products are tested properly and inform the public about any risks that could be present. Sadly some pharmaceutical companies do not keep up with the latest research or foresee potential side effects. Some doctors prescribe dangerous drugs to their patients. Moreover, some women are not informed about the dangers associated with taking certain drugs while pregnant. These are known as teratogens, and they can cause birth defects within the fetus, including spina bifida.

Other substances that could cause birth defects are the chemicals used in the agricultural and manufacturing industries, as well as heavy metals like mercury, which can contaminate groundwater or air. Diane Paolicelli's legal career is dedicated to fighting powerful corporations who expose women to harmful chemicals and substances that may damage their reproductive health or cause birth defects.

It is crucial to gather as all evidence you can prior to filing a lawsuit against the responsible parties. Included in this are ultrasound images, blood tests, and medical bills that are incurred as a result. This allows the attorney to determine the value of the case.

Product Liability

Pregnancy is among the most exciting, yet nerve-wracking experiences in the life of a woman. It's also a time when many medical professionals make mistakes that could lead to birth defects. A top lawyer can help parents make a claim against those accountable for their child's handicap and obtain the justice they deserve.

Medical professionals aren't always able to determine the exact cause of birth defects, but the majority of them can be due to environmental or chemical exposure. This may include contact by parents with toxic chemicals in the workplace, for example solvents and glycol ethers used in semiconductor manufacturing, and chemical pesticides used in agriculture and spraying crops.

Furthermore, manufacturers and those who prescribe prescription medicines have a responsibility to inform people about the risks. A majority of these drugs are offered to women who are pregnant without warnings about the possibility 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. His practice focuses on cases involving the occurrence of birth defects due to exposure of parents to toxic chemicals, which includes those used in semiconductor manufacturing as well as agriculture. He graduated of the American University in Washington, D.C., and Suffolk University Law School.