5 Killer Quora Answers On Birth Defect Legal

Birth Defect Litigation

Some injuries are out of the parents in 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 in filing an action and receive compensation to cover the cost of future expenses. The law has strict deadlines on when a claim can 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 do occur. When they are preventable, families should consider their legal options.

Many birth defect lawsuits are founded on allegations of medical malpractice. These cases can involve errors committed by nurses or doctors at any point during the pregnancy, labor and delivery processes. In addition medical professionals can be guilty of medical malpractice after the birth of a child, if they fail to provide the correct treatment.

In general the statute of limitations for these cases are 2.5 years from the date of the medical error. For infants this is sometimes extended. It is important to consult a lawyer immediately to ensure that all the evidence is gathered, and that a timely complaint be filed.

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

Parents should think about the following factors when choosing an attorney to represent their interests in a lawsuit filed for birth injury or defect:

Medical Malpractice

Birth defects can cause many mental or physical problems. Some birth defects can be fatal. Some of these problems may be genetic while others are triggered by exposure to environmental factors or prescription medications used during pregnancy.

A doctor or medical professional could be accused of malpractice in the event of causing a birth defect through their actions or inaction. These cases typically are caused by medical negligence during labor or delivery. However, they can also include any act or failure to act that is not in the range of a medical standard of care, like failing to recognize a medical issue or prescribing the wrong medicine during pregnancy.

One such type of case involves a medication known as teratogens, which could cause serious birth defect law firm defects. During pregnancy, doctors usually recommend women not to take this medication, which is used to treat seizures. If a woman who is pregnant is exposed to this drug, she should file a claim.

It is crucial to select an attorney who has experience in these types of cases. You should seek out an attorney with experience in this field and is based on contingency, meaning that you don't pay any fees until you win. Also, search for an attorney with excellent negotiation and communication skills. This will ensure that your claim is filed before the time limit expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities which require expensive medical care and accommodations for the child. The majority of these problems are genetic, however some of them may be caused by environmental or chemical exposure or medication that the mother consumed during pregnancy.

Pharmaceutical manufacturers are required to ensure that their products are tested properly and inform the public about any potential dangers. Sadly many pharmaceutical companies do not keep up with the latest research or anticipate possible side effects. Additionally, doctors can prescribe dangerous drugs to patients and some women do not receive the correct information regarding the risks associated with taking certain medications during pregnancy. These medications are referred to as teratogens and can cause birth defects in the fetus. This includes spina bifida.

Other substances that could cause birth defects are 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 against powerful corporations that expose women to harmful chemicals and substances that damage their reproductive health and cause birth defects.

It is important to collect as many evidences as you can before filing a suit against the party responsible. This includes ultrasound images, blood tests, and medical bills that arose as a result of the birth defect. This allows the attorney to determine the financial value of the case.

Product Liability

Pregnancy is one of the most thrilling and stressful times in a woman's life. But it's also a period when medical professionals can make mistakes that could cause birth defects. An experienced attorney can help parents file a claim against those accountable for their child's handicap and obtain the proper compensation they're entitled to.

Although the causes of birth defects are often not understood by medical professionals but a large proportion of birth defects are linked to exposure to chemicals or environmental factors. This could include exposure of parents to toxic chemicals at work, such as glycol ethers and solvents in semiconductor manufacturing, as well as agricultural chemicals used in crop spraying and pesticides.

In addition, the manufacturer and the people who prescribe prescription medications are required to inform people about the risks. However, a significant portion of these drugs are marketed off-label to women who are pregnant age, without warnings about the risk of birth defects. This is particularly true for Birth defect 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 that involve the occurrence of birth defects that result from exposure of parents to toxic chemicals, which includes those in semiconductor manufacturing and agriculture. He graduated from the American University in Washington, D.C. and Suffolk University Law School.