5 Killer Quora Answers To Birth Defect Legal
Birth Defect Litigation
Certain injuries are beyond the parents or their control. Families are left with a huge bill when injuries require expensive procedures and special attention.
A New York birth defect lawyer can help stunned parents file claims and receive compensation to cover future costs. However, the law places strict deadlines when a claim should be filed.
Statute of limitations
Modern medical technology and advances have helped to reduce risks associated with pregnancy, childbirth and birth. However, birth defects and injuries can still occur. If they're preventable families need to explore their legal options.
Many birth defect attorneys defect lawsuits are based upon allegations of medical malpractice. These cases can involve mistakes made by doctors or nursing staff at any stage of labor, birth and pregnancy. Additionally medical professionals could be guilty of medical malpractice after the birth of a child, by failing to provide proper care.
Generally speaking, the time limit for these cases is 2.5 years from the date of the occurrence of medical negligence. The time frame can be extended to infants. It is nevertheless important to seek legal advice early enough to ensure that all evidence is obtained and that a timely claim can be filed.
In addition to medical malpractice, a suit can also be brought on behalf of an infant for birth defects caused by improper toxic and chemical exposures that occur during a mother's pregnancy. Specially trained birth defect lawyers can investigate and defend these claims on behalf of the family.
When selecting an attorney for a birth defect or birth injury lawsuit parents should consider the following characteristics:
Medical Malpractice
Birth defects can lead to numerous mental or physical issues. Some birth defects can cause death. Some of these problems are inherited, while others are due to exposure to the environment or the use of prescribed drugs during pregnancy.
A medical professional or doctor could be accused of malpractice when they cause a birth defect through their actions or birth defect inaction. These cases typically involve medical negligence during labor or delivery. They may also involve any other perform a task that is not within the standard of medical care, for example failing to recognize an illness or prescribing the wrong medication during pregnancy.
One example of situation involves a drug called teratogens. It can cause serious birth defects. During pregnancy, doctors usually recommend women not to take this medication, which is commonly used in the treatment of seizures. If a pregnant woman is exposed to this drug, she should file an insurance claim.
It is essential to select an attorney with experience handling these kinds of cases. Find a law firm that has a specialization in this area and operates on the basis of a contingent fee, which means you don't have to pay any fees unless you are successful. Additionally, you should choose a lawyer who has excellent communication and negotiation abilities. This will ensure that your claim is filed 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. The majority of these problems are genetic, but some of them can be caused by environmental or chemical exposure, or by medications the mother took while pregnant.
Drug manufacturers are required to test their products properly and warn the public of any potential risks. Unfortunately certain pharmaceutical companies do not keep up with the latest research or foresee potential side effects. Certain doctors prescribe dangerous medications to their patients. Moreover, some women aren't aware of the dangers associated with taking certain drugs while pregnant. 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 chemicals used in the manufacturing and agricultural industries, and heavy metals such as mercury that pollute groundwater and air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women to harmful chemicals and substances that can affect their reproductive health and cause birth defects.
It is crucial to collect as much evidence as you can before filing a suit against the responsible parties. This includes blood tests, ultrasound images and medical bills that arise due to the birth defect. This allows the attorney to determine the monetary value of the case.
Product Liability
Pregnancy can be one of the most exciting and stressful experiences in women's lives. But it's also a time where many medical professionals make mistakes that could cause birth defects. A top attorney can assist parents in filing claims and getting the compensation they deserve against the people responsible for the disabilities of their child.
Although the causes of birth defects are often not understood by medical professionals but a large proportion of birth defects can be linked to environmental or chemical exposure. This can include exposure by parents to toxic chemicals in the workplace such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used in pesticides and crop spraying.
Furthermore, manufacturers and those who prescribe prescription medications have a responsibility to inform people of their risks. However, a significant portion of these medications are sold off-label for women of childbearing age, without warnings about the potential for birth defects. This is particularly relevant for antidepressants like 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 that involve the occurrence of birth defects caused by exposure of parents to toxic chemicals, including those in semiconductor manufacturing and agriculture. He graduated from the American University in Washington, D.C. as well as Suffolk University Law School.