Five Killer Quora Answers On Birth Defect Legal

Birth Defect Litigation

Certain injuries are beyond the parents' control. If these injuries require special treatment and expensive procedures, it could cause families to be faced with massive costs.

A New York birth defect lawyer can assist parents in filing claims and receive compensation to pay for future expenses. The law has strict time limits for when claims can be filed.

Statute of limitations

Modern technology and medical advancements have helped reduce the risks of childbirth and birth defect pregnancy. However, birth defects and injuries continue to occur. Families must consider their legal options when they are preventable.

Many birth defect lawsuits are based on allegations of medical malpractice. These lawsuits can result from mistakes made by doctors or nursing staff at any stage of labor, pregnancy and birth. Medical professionals can also be negligent following the birth of a child when they fail to provide the proper treatment.

Generally speaking, the time limit for these cases is generally 2.5 years from the date of the act of medical negligence. For infants, this time is sometimes extended. It is crucial to consult a lawyer whenever you can to ensure that all evidence is collected and that a timely complaint can be filed.

In addition to medical malpractice, a lawsuit can also be filed on behalf of a baby for birth defects caused by 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.

When choosing an attorney for a birth defect or birth injury lawsuit parents should consider the following qualities:

Medical Malpractice

Birth defects can cause an array of mental or physical ailments. Some birth defects can cause death. Some of these issues are inherited, whereas others are due to environmental exposures or the use of prescription drugs 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. The most common cases involve medical negligence during the birth or labor process. They also encompass any do something that is below the standard of medical care, like not diagnosing an illness or prescribing incorrect medication during pregnancy.

One example of situation involves a drug called teratogens. This medication can cause serious birth defects. In the course of pregnancy, doctors generally advise women to not take this medication, which is used in the treatment of seizures. If a pregnant woman is exposed to this medication, she must file an insurance claim.

It is essential to select an attorney who has handled these kinds of cases. You should look for an attorney with experience in this field and is based on contingency, meaning that you won't have to pay anything until you win. Additionally, you should choose a lawyer who has excellent communication and negotiation skills. This will help to ensure that you make your claim in time before the time limit expires.

Prescription Drugs

Many birth defects result in physical or mental disabilities, that require costly medical treatment and accommodations for the child. These problems are usually genetic, but can also be caused by chemical or environmental exposure or medications taken by the mother during pregnancy.

Drug manufacturers have an obligation to thoroughly test their products and warn consumers about any potential risks. Sadly certain pharmaceutical companies fail to keep up with the latest research or anticipate the potential adverse effects. Certain doctors prescribe dangerous medications to their patients. Some women are not informed about the risks associated with taking certain medications while pregnant. These drugs are referred to as teratogens and can cause birth defects in the fetus, such as spina bifida.

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

If you decide to file a lawsuit against the parties responsible for your child's condition it is crucial to gather as much evidence as possible. This includes ultrasound scans, blood tests and medical bills that came up due to the birth defect (learn here). This allows the attorney to determine the worth of the case.

Product Liability

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

Although the causes of birth defects are usually unknown to medical experts but a large proportion of birth defects are linked to exposure to chemicals or environmental causes. This can include parental contact with toxic chemicals at the workplace, such as glycol ethers and solvents used in semiconductor manufacturing and agricultural chemicals used for pesticides as well as spraying on crops.

The manufacturers and the people who prescribe medicines are also obliged to warn the public about the dangers of their products. However, a significant portion of these drugs are offered off-label to women who are pregnant age without proper warnings about the risk 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 pharmaceutical and chemical companies. His practice focuses on cases involving the occurrence birth defect lawsuit defects caused by parental exposure to toxic chemicals, which includes those used in semiconductor manufacturing as well as agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.