5 Killer Quora Answers To Birth Defect Legal

Birth Defect Litigation

Parents want perfect children However, some accidents happen outside of their control. When these injuries require special medical attention and expensive procedures, it could leave families with huge expenses.

A New York birth defect lawyer can help stunned parents file an appeal and obtain compensation to cover future costs. However, the law has strict deadlines for the time a claim has to be filed.

Statute of Limitations

Modern technology and medical advances have reduced the risks associated with childbirth, pregnancy and birth. However, birth defects and injuries continue to occur. If they're preventable, families should consider their legal options.

Many birth defect lawsuits are based upon allegations of medical malpractice. These cases could involve mistakes committed by nurses or doctors at any point during the labor and birth procedures. Medical professionals may also be negligent after the birth of a baby in the event that they fail to provide appropriate treatment.

Generally, the time-limit for these cases is generally 2.5 years from when the act was committed of medical negligence. The time frame can be extended to infants. However, it is essential to seek legal advice immediately to ensure that all evidence has been collected and that a timely claim be filed.

In addition to medical malpractice, a suit can also be brought on behalf of a baby for birth defects that result from wrongful exposure to chemicals and toxic substances that occur during the mother's pregnancy. Specially trained birth defect lawyers can investigate and prosecute these claims on behalf of the family.

Parents should take into consideration the following factors when choosing an attorney to represent them in a lawsuit involving birth injury or defect:

Medical Malpractice

Birth defects can lead to a wide range of mental or physical issues. Some birth defects can cause death. Some of these problems are inherited, whereas others are due to exposure to environmental factors or the usage of prescription drugs during pregnancy.

A medical professional or doctor may be accused of negligence when they cause a birth defect through their actions or inaction. These cases usually involve medical negligence during labor or delivery. However, they could also be a result of any action or failure to act that falls short of a medical standard of care, for instance, failing to diagnose a condition or prescribing the wrong medicine during pregnancy.

One example of case involves a medication called teratogens. It can cause serious birth defects. When pregnant, doctors usually advise women to avoid taking this medication, which is used in the treatment of seizures. If a woman who is pregnant is exposed to this drug, she should file a claim.

It is important to select an attorney with experience handling these kinds of cases. Find a firm that has a specialization in this area and works on the basis of a contingent fee, which means you won't have to pay a dime unless you get the case won. Also, look for an attorney who has strong negotiation and communication abilities. This will ensure that you file your claim before the statute of limitation expires.

Prescription Drugs

Many birth defects result in physical or mental disabilities, which require expensive medical care and accommodations for the child. Most of the time, these issues are genetic, but some of them may be caused by chemical or birth defect environmental exposure or medication that the mother took while pregnant.

Pharmaceutical manufacturers are required to test their products thoroughly and inform consumers of any potential risks. Sadly, some pharmaceutical companies fail to keep up with research or anticipate possible side consequences. Moreover, doctors may prescribe dangerous drugs to patients and some women do not get proper information about the risks associated with taking certain drugs during pregnancy. These are known as teratogens, and they can cause birth defects in the fetus, such as spina Bifida.

Other substances that can cause birth defects are chemicals used in the agricultural and manufacturing industries, and heavy metals such as 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 affect their reproductive health and cause birth defects.

If you are filing lawsuits against the people who are responsible for your child's illness it is crucial to gather as much evidence as possible. This includes ultrasound images, blood tests and medical bills that came up due to the birth defect. This information helps the attorney to determine the worth of the case.

Product Liability

Pregnancy is one of the most exciting and nerve-wracking events in a woman's lifetime. It's also a time where many medical professionals make mistakes that could lead to birth defects. A top lawyer can assist parents in filing an action and obtaining the amount they deserve from those who are responsible for the impairment of their child.

Although the causes of birth defects are typically not understood by medical professionals but a large proportion of birth defects can be attributed to exposure to chemicals or environmental causes. This can include parental exposure to toxic chemicals at work such as glycol ethers and solvents in semiconductor manufacturing, as well as agricultural chemicals used for pesticides and crop spraying.

Furthermore, manufacturers and those who prescribe prescription medicines have a responsibility to warn patients of the risks. However, a lot of these drugs are sold off-label to women of childbearing age without adequate warnings about the potential for birth defects. This is particularly true for antidepressants like Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, Birth Defect represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. He concentrates his practice on cases involving the development of birth defects resulting from parental exposure to toxic chemicals such as the ones used in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.