5 Killer Quora Answers To Birth Defect Legal

Birth Defect Litigation

Parents want perfect babies However, some accidents happen out of their control. If injuries that result from these accidents require special treatment and costly procedures, it can leave families with huge expenses.

A New York birth defect lawyer can assist parents who are stunned to file a claim and get compensation to pay for future expenses. However, the law puts strict deadlines for when a claim must 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 do occur. If they can be prevented, families need to explore their legal options.

Many birth defect lawsuits are based upon allegations of medical malpractice. These cases may involve mistakes made by nurses or doctors at any time during birth, labor and delivery procedures. In addition medical professionals could be guilty of medical malpractice after a child's birth if they fail to provide the proper treatment.

Generally speaking, the time limit for these cases is 2.5 years from the date of the act of medical negligence. For infants, this time is sometimes extended. It is nevertheless important to seek legal counsel immediately to ensure that all evidence is obtained and that a timely claim can be filed.

In addition to medical malpractice, a suit could also be filed on behalf of an infant for birth defects that result from wrongful toxic and chemical exposures that occur during a mother's pregnancy. Specially trained birth defect lawyers can investigate and prosecute these claims on behalf of the family.

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

Medical Malpractice

Birth defects can trigger an array of mental or physical problems. Some birth defects can cause death. Some of these problems are inherited, whereas others are due to environmental exposures or the use of prescription medications 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. Most cases involve medical negligence during the birth or labor process. They may also involve any other be in compliance with a standard of medical care, like the failure to diagnose an illness or prescribing incorrect medication during pregnancy.

One example of this type of case is a medication called teratogens. It can cause serious birth defects. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If a woman who is pregnant is exposed to this medication, she must make a claim.

It is crucial to select an attorney with previous experience in these cases. Choose a law firm that is specialized in this area and works on an on a contingency basis, meaning you won't have to pay a dime unless you win. Also, look for a lawyer with strong negotiation and communication abilities. This will help ensure that you submit your claim before the time for filing expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities, that require costly medical treatment and accommodations for the child. Most of the time, these issues are inherited, but a few of them can be caused by chemical or environmental exposure, or by medications the mother was taking during pregnancy.

Pharmaceutical companies are required to test their products thoroughly and inform the public about any potential risks. Unfortunately, some pharmaceutical companies do not keep up to date with the latest research or fail to anticipate potential side consequences. Certain doctors prescribe dangerous medications to their patients, and some women aren't aware of the risks associated with using certain drugs during pregnancy. These drugs are known as teratogens, and 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, and heavy metals like mercury, which contaminate air or groundwater. Diane Paolicelli has dedicated her legal career to fighting powerful corporations which expose women to harmful chemicals and substances that harm their reproductive health and cause birth defects.

If you decide to file lawsuits against the parties accountable for your child's condition it is crucial to gather the most evidence you can. This includes blood tests, ultrasound images and medical bills incurred because of the birth defect. This information helps the attorney assess the value of the case.

Product Liability

Pregnancy is among the most exciting, but stressful experiences in the life of a woman. It's also a time where medical professionals often make mistakes that could cause birth defects. A top lawyer can assist parents in filing an action and obtaining the compensation they deserve against those responsible for the handicap of their child.

Although the causes of birth defects are typically unknown to medical professionals but a large proportion of birth defects can be attributed to exposure to chemicals or environmental factors. This could be due to contact by parents with toxic chemicals at the workplace, for example solvents and glycol ethers used in semiconductor manufacturing, as well as agricultural chemicals for pesticides and spraying of crops.

The manufacturers and the people who prescribe medicines are also obliged to inform people about the dangers. Yet, a substantial portion of these medications are sold off-label to women who are pregnant age, without warnings about the risk of birth defects. This is particularly true for 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 is centered around cases involving the occurrence birth defects caused by exposure of parents to toxic chemicals, which includes those in semiconductor manufacturing and agriculture. He graduated of the American University in Washington, D.C., and Suffolk University Law School.