Five Killer Quora Answers On Birth Defect Legal
Birth Defect Litigation
Parents want perfect babies However, some injuries occur outside their control. When injuries require specialized medical attention and expensive procedures, it could result in huge costs for families.
A New York birth defect lawyer can assist parents in filing an appeal and obtain compensation to pay for future expenses. However, the law imposes strict deadlines for the time a claim has to be filed.
Statute of limitations
Modern technology and medical advances have helped reduce the risks of childbirth and pregnancy. However, birth defects and injuries still occur. If they can be prevented, families must explore their legal options.
Many birth defect lawsuits stem from allegations of medical malpractice. These cases can involve mistakes made by doctors or nursing personnel at any stage of pregnancy, labor and birth. In addition medical professionals could be guilty of medical malpractice after the birth of a baby by failing to provide proper care.
Generally speaking, the statute of limitations in these cases is generally 2.5 years from the date of the act of medical negligence. For infants, the time can be extended. However, it is essential to seek legal counsel immediately to ensure that all evidence has been collected and that a timely claim be filed.
In addition to medical malpractice, a lawsuit can also be brought on behalf of an infant for birth defects caused by wrongful exposure to chemicals and toxic substances that occur during a mother's pregnancy. Specially trained birth defect lawyers can investigate and pursue these claims on behalf of the family.
Parents should be aware of the following qualities when selecting an attorney to represent them in a lawsuit for birth injury or defect:
Medical Malpractice
Birth defects can trigger many mental or physical issues. Some birth defect attorneys defects can cause death. Some of these problems may be genetic while others are triggered by environmental exposures or prescription medications used during pregnancy.
A doctor or medical professional could be convicted of malpractice if they cause a birth defect (http://hosmeal.com/bbs/board.Php?bo_table=free&wr_Id=52922) through their actions or inaction. These cases typically are based on medical negligence in delivery or labor. They also encompass any perform a task that is not within the standard of medical care, for example, failing to diagnose an illness or prescribing incorrect medication during pregnancy.
One such type of situation is a drug 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 woman who is pregnant is exposed to this medication, she must make an insurance claim.
It is crucial to choose an attorney with experience in these types of cases. Find a firm that specializes in this field and operates on a contingency basis, so you won't have to pay a dime unless you are successful. Also, you should look for a lawyer with strong negotiation and communication skills. This will help 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. These issues are often caused by genetics, but can also be caused by environmental or chemical exposure or the use of medications by the mother during pregnancy.
Pharmaceutical manufacturers are required to thoroughly test their products and warn consumers of any potential risks. Unfortunately many pharmaceutical companies fail to keep up with the latest research or anticipate possible side effects. Some doctors prescribe dangerous drugs to their patients. Some women are not aware of the risks of taking certain medications while pregnant. These medications are referred to as teratogens and can cause birth defects in the fetus including spina Bifida.
Other substances that can cause birth defects are chemicals used in the agricultural and manufacturing industries, and heavy metals like mercury which can contaminate groundwater or air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women to toxic chemicals and substances that could damage their reproductive health and lead to birth defects.
When filing lawsuits against the parties that are accountable for your child's health it is crucial to gather as much evidence as you can. This includes any ultrasound scans, blood tests, and medical bills that came up because of the birth defect. This information will help the attorney assess the worth of the case.
Product Liability
Pregnancy is among the most exciting and anxious experiences of the life of a woman. However, it's also a time where medical professionals often make mistakes that can lead to birth defects. A reputable attorney can assist parents in submitting an action and obtaining the compensation they deserve against the people responsible for the disabilities of their child.
Although the causes of birth defects are generally not understood by medical professionals but a large proportion of birth defects are linked to exposure to chemicals or environmental causes. This can include parental exposure to harmful chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, as well as agricultural chemicals used for spraying crops and pesticides.
In addition, manufacturers and the people who prescribe prescription medications have a responsibility to warn people of their risks. However, a significant portion of these drugs are marketed off-label for women of childbearing age without proper warnings about the possibility 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 pharmaceutical and chemical companies. His practice is centered around cases involving the occurrence birth defects resulting from parental exposure to toxic chemicals such as the ones used in semiconductor manufacturing and agriculture. He is a graduate from the American University in Washington, D.C. and Suffolk University Law School.