Five Killer Quora Answers To Birth Defect Legal

Birth Defect Litigation

Some injuries are beyond the parents in their control. Families can be left with a huge bill when injuries require expensive procedures and special attention.

A New York birth defect lawyer can assist parents who are stunned to file a claim and birth defect get compensation to cover future costs. However, the law puts strict time limitations on when a claim needs to be filed.

Statute of limitations

Modern technology and medical advancements have helped to reduce the risks that come with childbirth and pregnancy. However, birth defects and injuries do occur. Families should consider their legal options when they can be prevented.

Many birth defect lawsuits stem from allegations of medical malpractice. These lawsuits can be based on mistakes made by doctors or nurses at any time during the pregnancy, labor Birth defect and delivery processes. Additionally medical professionals can be guilty of medical malpractice after the birth of a child if they fail to provide proper care.

Generally speaking, the time-limit for these cases is generally 2.5 years from when the act was committed of medical negligence. This time period may be extended for infants. It is important to consult a lawyer as soon as you can to ensure that all evidence is gathered, and that a timely complaint can be filed.

In addition to medical malpractice, a lawsuit may also be filed on behalf of an infant for birth defects caused by wrongful toxic and chemical exposures that occur during a mother's pregnancy. Specially trained birth defect lawyers can investigate and bring these cases on behalf of the family.

Parents should be aware of the following aspects when choosing an attorney to represent them in a lawsuit involving birth defect or injury:

Medical Malpractice

Birth defects can lead to an array of mental or physical problems. Some birth defects can be fatal. Some of these problems are caused by genetics, while others are due to exposure to environmental factors or the use of prescribed 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 majority of these cases are due to medical negligence during labor or delivery. They can also include any act of failure to act which falls below a standard of medical care, for example, failing to diagnose an illness or prescribing incorrect medication during pregnancy.

One instance of situation is a drug known as teratogens, which could cause serious birth defects. When pregnant, doctors usually advise women to not take this medication, which is commonly used in the treatment of seizures. If a woman who is pregnant is exposed to this drug, she should submit a claim.

It is important to choose an attorney who has handled these types of cases. You should look for a firm with experience in this field and operates on contingency basis, which means you don't have to pay any fees until you win. Additionally, you should choose an attorney with excellent communication and negotiation skills. This will ensure that you submit your claim before the time limit expires.

Prescription Drugs

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

Pharmaceutical manufacturers are required to ensure that their products are tested properly and inform consumers of any potential risks. Unfortunately, some pharmaceutical companies do not keep up to date with the latest research or fail to anticipate potential side effects. Some doctors prescribe dangerous drugs to their patients. Moreover, some women are not aware of the risks associated with using certain drugs during pregnancy. These medications are referred to as teratogens, and they can cause birth defects in the fetus including spina bifida.

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

If you decide to file a lawsuit against the parties accountable for your child's condition it is essential to gather as much evidence as possible. This includes any ultrasound images, blood tests and medical bills incurred due to the birth defect. This helps the attorney establish the worth of the case.

Product Liability

Pregnancy can be one of the most exciting, yet anxious experiences of a woman's lifetime. It's also a time where medical professionals often make mistakes that could cause birth defects. A top lawyer can help parents make a claim against those accountable for their child's handicap and receive the proper compensation they're entitled to.

Although the causes of birth defects are often unknown to medical professionals but a large proportion of birth defects can be linked to exposure to chemicals or environmental factors. This can include parental exposure to toxic chemicals in the workplace such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used in spraying crops and pesticides.

Furthermore, 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 offered off-label to women who are pregnant age without adequate warnings about the potential for 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 chemical and pharmaceutical companies. His practice is centered around cases involving the occurrence birth defects caused by parental exposure to toxic chemicals such as those in semiconductor manufacturing and agriculture. He is a graduate from the American University in Washington, D.C., and Suffolk University Law School.