Five Killer Quora Answers To Birth Defect Legal

Birth Defect Litigation

Certain injuries are beyond the parents of their control. Families may be left with a huge bill when injuries require costly procedures and special care.

A New York birth defect attorney can help parents who are grieving and file claims to obtain compensation for future expenses. However, the law has strict deadlines when a claim must be filed.

Statute of Limitations

Modern medical technology and advances have reduced the risks that are associated with childbirth, pregnancy and birth. Birth defects and injuries remain a possibility. Families need to explore their legal options if they can be prevented.

Many birth defect lawsuits stem from allegations of medical malpractice. These cases can involve mistakes made by nurses or doctors staff at any time during labor, birth and pregnancy. Medical professionals can also be negligent after the birth of a child by failing to provide the correct treatment.

Generally speaking, the time limit for these cases is 2.5 years from the date of the act of medical malpractice. For infants, the time can be extended. It is nevertheless important to seek legal advice as soon as you can 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 filed on behalf of a baby for birth defects caused by improper exposure to chemicals and toxic substances that occur during the mother's pregnancy. Lawyers specially trained in birth defects can investigate and prosecute these claims on behalf of the family.

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

Medical Malpractice

Birth defects can result in an array of mental or physical ailments. Some birth defects may cause death. Some of these issues may be genetic while others are triggered by exposure to the environment or prescription medications taken during pregnancy.

A doctor or medical professional could be accused of misconduct in the event of causing birth defects through their actions or inaction. These cases typically involve medical negligence during labor or delivery. They can also be a result of any be in compliance with a standard of medical care, like failing to recognize an illness or prescribing the wrong medication during pregnancy.

One example of this type of case is a medication called teratogens. It can cause serious birth defects. Doctors typically advise women 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 submit a claim.

It is important to choose an attorney who is experienced in handling these kinds of cases. Find a firm that is experienced in this area, and works on the basis of a contingent fee, which means there is no cost unless you are successful. Also, you should look for a lawyer who has excellent communication and negotiation abilities. This will help ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities that require expensive medical treatment 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.

Drug manufacturers are required to test their products correctly and inform the public of any risks that could be present. Unfortunately certain pharmaceutical companies do not keep up with the latest research or fail to anticipate potential adverse effects. Certain doctors prescribe dangerous medications to their patients, and some women are not informed about the risks of taking certain drugs while pregnant. These drugs, also known as teratogens may cause birth defects, such as spina-bifida, which is a birth defect in the fe.

Other substances that can cause birth defects are the chemicals used in the agricultural and manufacturing industries, as well as heavy metals like mercury which affect groundwater or the air. Diane Paolicelli's career in law has been focused on combating powerful corporations that expose women to toxic chemicals and substances that may cause harm to their reproductive health and lead to birth defects.

It is important to collect as much evidence as you can prior to making a claim against the parties responsible. This includes ultrasound images, blood tests and medical bills that arise as a result of the birth defect. This will help the attorney determine the financial worth of the case.

Product Liability

Pregnancy can be one of the most exciting, yet nerve-wracking experiences in women's lives. However, it's also a time when medical professionals can make mistakes that can lead to birth defects. A top lawyer can help parents to file a claim against the medical professionals responsible for their child's condition and acquire the justice they deserve.

While the causes of birth defects are often unknown to medical experts however, a significant proportion can be linked to environmental or chemical exposure. This could include contact from parents with toxic chemicals at the workplace, like solvents and glycol ethers used in semiconductor manufacturing as well as chemical pesticides used in agriculture and spraying crops.

Manufacturers and those who prescribe medication also have a duty to warn the public about their risks. A significant portion of these drugs are marketed to pregnant women without warnings of the potential for birth defects. This is especially applicable to antidepressants such Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. He focuses his practice on cases where birth defects result from exposure to toxic chemicals by parents such as those employed in the manufacture of semiconductors or Birth Defect Lawsuits in agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.