5 Killer Quora Answers To Birth Defect Legal
Birth Defect Litigation
Parents want perfect babies However, some accidents happen outside their control. When injuries require specialized treatment and expensive procedures, it can cause families to incur huge costs.
A New York birth defect lawyer can assist parents who are stunned to file claims and receive compensation to cover future costs. The law has strict time limits on when a claim may be filed.
Statute of Limitations
Modern technology and medical advancements have reduced the risks associated with pregnancy, childbirth and birth. However birth defects and injuries continue to occur. If they're preventable families need to explore their legal options.
Many birth defect (www.valeriarp.com.tr) lawsuits are founded on allegations of medical malpractice. These lawsuits can be based on mistakes made by nurses or doctors at any point in the birth, labor and delivery procedures. Medical professionals may also be negligent following the birth of a child if they fail provide proper treatment.
Generally, the time-limit for these cases is 2.5 years from the date of the incident of medical malpractice. The time frame is extended for infants. However, it is essential to seek legal counsel as soon as you can to ensure that all evidence is obtained and that a timely claim be filed.
In addition to medical malpractice, a lawsuit could also be filed on behalf of an infant for birth defects caused by improper toxic and chemical exposures that take place during the mother's pregnancy. Specially trained birth defect lawyers can investigate and bring these cases on behalf of the family.
When choosing an attorney for a birth injury or defect lawsuit parents should consider the following characteristics:
Medical Malpractice
Birth defects can lead to many physical or mental problems. Some birth defects can be fatal. Some of these problems may be genetic and others may be caused by exposure to the environment or prescription medications used during pregnancy.
A doctor or medical professional could be accused of malpractice if they cause a birth defect through their actions or inaction. These cases usually involve medical negligence during the birth or labor process. They can also include any other act which falls below a standard of medical care, like not diagnosing an illness or prescribing the wrong medication during pregnancy.
One example of this type of case involves a medication called teratogens, which can cause serious birth defects. Doctors typically advise women not to take this medication during pregnancy. It is used to treat seizures. If a pregnant woman is exposed to this medication, she must file a claim.
It is important to choose an attorney who is experienced in handling these kinds of cases. You should choose a firm that has years of experience in this field and is on contingency, which means you don't have to pay anything until you win. Look for an attorney with outstanding negotiation and communication skills. This will help to ensure that you file 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. Often, these conditions are inherited, but a few of them may be caused by environmental or chemical exposure, or by medications the mother consumed during pregnancy.
Drug makers are required to adequately test their products and warn consumers of any risks. Unfortunately, some pharmaceutical companies do not keep up with the latest research or fail to anticipate potential side effects. Certain doctors prescribe dangerous medications to their patients and some women aren't aware of the risks of using certain drugs during pregnancy. These are known as teratogens and can cause birth defects in the fetus including spina Bifida.
Other substances that could cause birth defects are chemicals used in the agricultural and manufacturing industries, and heavy metals like mercury, which contaminate air or groundwater. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women to harmful chemicals and substances that damage their reproductive health and lead to birth defects.
It is essential to gather as many evidences as you can prior to filing a suit against the responsible parties. This includes any blood tests, ultrasound images, and medical bills that arose because of the birth defect. This information assists the attorney assess the value of the case.
Product Liability
Pregnancy is among the most exciting and nerve-wracking moments in a woman's life. However, it's also a time where many medical professionals make mistakes that can lead to birth defects. A reputable attorney can assist parents in submitting an appeal and gaining the money they deserve from those who are responsible for the impairment of their child.
Although the causes of birth defect attorneys defects are usually unknown to medical professionals but a large proportion of birth defects can be attributed to exposure to chemicals or environmental causes. This may include contact by parents with toxic chemicals in the workplace, like glycol ethers and solvents that are used in semiconductor manufacturing and agricultural chemicals used for pesticides and spraying on crops.
The manufacturers and the people who prescribe medication must also warn the public about the dangers of their products. However, a significant portion of these drugs are marketed off-label to women of childbearing age without adequate warnings about the potential for 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 birth defects due to exposure of parents to toxic chemicals, which includes those in semiconductor manufacturing and agriculture. He graduated of the American University in Washington, D.C. as well as Suffolk University Law School.
