5 Killer Quora Answers To Birth Defect Legal

Birth Defect Litigation

Certain injuries are beyond the parents or their control. When these injuries require special treatment and costly procedures, it could leave families with huge expenses.

A New York birth defect lawyer can assist parents in filing an appeal and obtain compensation to cover future costs. The law has strict time limits on when a claim may be filed.

Statute of Limitations

Modern medical technology and advances have aided in reducing the risks related to pregnancy, childbirth and birth. However, birth defects and injuries still occur. Families should consider their legal options if they can be prevented.

Many birth defect lawsuits stem from allegations of medical malpractice. These lawsuits can be based on mistakes made by doctors or nurses at any time during the pregnancy, labor and delivery procedures. Medical professionals can also be guilty of malpractice following the birth of a child by failing to provide the correct treatment.

In general, the statutes of limitations for these cases is 2.5 years after the date of the medical mistake. For infants, this time period can be extended. It is crucial to consult a lawyer early enough to ensure that all evidence is gathered, and that a timely complaint can be filed.

In addition to medical malpractice, a lawsuit can also be brought on behalf of a baby 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.

When choosing an attorney to represent them in a birth defect or birth injury lawsuit parents should consider the following qualities:

Medical Malpractice

Birth defects can result in a wide range of mental or physical ailments. Some birth defect law firms defects can be fatal. Some of these issues could be genetic while others are triggered by exposure to environmental factors or prescription drugs taken during pregnancy.

A doctor or medical professional could be accused of misconduct if they cause a birth defect through their actions or inaction. These cases usually are based on medical negligence in delivery or labor. They also encompass any act of failure to act which falls below a standard of medical care, for example, failing to diagnose an illness or prescribing incorrect medication during pregnancy.

One instance of case is a medication called teratogens. It can cause serious birth defects. In the course of pregnancy, doctors generally advise women to stay clear of this medication, which is commonly used in the treatment of seizures. If a woman who is pregnant is exposed to this medication, she must file a claim.

It is important to choose an attorney with experience handling these types of cases. Find a firm that has a specialization in this field and operates on an hourly basis, which means you won't have to pay a dime unless you are successful. Also, look for a lawyer with strong negotiation and communication skills. This can help ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

Many birth defects result in physical or mental disabilities, which require costly medical care and accommodations for the child. The majority of these problems are inherited, but a few can be caused by environmental or chemical exposure, or the medications the mother was taking during pregnancy.

Pharmaceutical manufacturers are required to test their products correctly and inform the public of any risks that could be present. Unfortunately some pharmaceutical companies fail to keep up with research or anticipate the potential adverse effects. Furthermore, doctors may prescribe dangerous medicines to their patients as well as some women do not receive the correct information regarding the risks of taking certain medications during pregnancy. These are known as teratogens. They can cause birth defects in the fetus, such as spina bifida.

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

It is essential to gather as the evidence you can prior to making a claim against the party responsible. This includes any ultrasound scans, blood tests and medical bills that came up because of the birth defect. This information assists attorneys determine the value of the case.

Product Liability

Pregnancy can be one of the most exciting, yet nerve-wracking experiences in women's lives. It's also a time where medical professionals often make mistakes that could lead to birth defects. An experienced attorney can assist parents make a claim against those who are responsible for their child's disabilities and obtain the compensation they deserve.

Although the causes of birth defects are generally unknown to medical experts but a large proportion of birth defects are linked to exposure to chemicals or environmental causes. This could include exposure of parents to harmful chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used in spraying for crops and pesticides.

Furthermore, manufacturers and those who prescribe prescription drugs must inform people of their risks. Yet, a large percentage of these drugs are marketed off-label to women of childbearing age without warnings regarding the risk of birth defects. This is especially 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. His practice is centered around cases involving the occurrence birth defects caused by parental exposure to toxic chemicals, which includes the ones used in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.