Five Killer Quora Answers On Birth Defect Legal

Birth Defect Litigation

Parents want their children to be perfect, but some injuries happen outside of their control. If injuries that result from these accidents require special care and costly procedures, it can cause families to incur huge costs.

A New York birth defect lawyer can assist parents who are shocked to file claims and receive compensation to cover future costs. The law has strict deadlines for when claims can be filed.

Statute of limitations

Modern technology and medical advances have aided in reducing the risks related to pregnancy, childbirth and birth. However birth defects and injuries continue to occur. Families should consider their legal options when they can be prevented.

Many birth defect lawsuits are based on allegations of medical malpractice. These lawsuits can be based on mistakes committed by nurses or doctors at any point in the labor and birth procedures. Additionally medical professionals could be guilty of medical malpractice after the birth of a baby in the event that they fail to provide the proper treatment.

In general, the statutes of limitation for these cases is 2.5 years after the date of the medical malpractice. For infants this is sometimes extended. But, it is crucial to seek legal advice as soon as possible to ensure that all evidence is gathered and that a timely claim can be filed.

In addition to medical malpractice, a suit could also be filed on behalf of an infant for birth defects resulting from improper exposure to chemicals and toxic substances that occur during the mother's pregnancy. Specially trained birth defect lawyers can investigate and defend these claims on behalf of the family.

When choosing an attorney to represent them in a birth defect or birth injury lawsuit parents should look for the following qualities:

Medical Malpractice

Birth defects can cause many mental or physical ailments. Some birth defects can cause death. Some of these problems may be genetic, while others are caused by exposure to the environment or prescription drugs used during pregnancy.

A doctor or medical professional could be convicted of malpractice in the event of causing a birth defect through their actions or inaction. These cases typically are based on medical negligence in labor or delivery. They may also involve any perform a task that is not within the standard of medical care, such as the failure to diagnose an illness or prescribing the wrong 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 is exposed to the drug, then she should file a claim.

It is essential to select an attorney who is experienced in handling these kinds of cases. You should choose a firm that has years of experience in this field and works on contingency, so you don't have to pay anything until you are successful. Choose an attorney with outstanding negotiation and communication skills. This will help to ensure that you make your claim in time before the statute of limitation expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities which require costly medical care and accommodations for the child. These problems are usually genetic, but they may also be caused by chemical or environmental exposure, or by medications taken by the mother during pregnancy.

Pharmaceutical manufacturers are required to test their products thoroughly and inform the public about any potential risks. Sadly many pharmaceutical companies do not keep up with the latest research or foresee potential side effects. Certain doctors prescribe dangerous medications to their patients and some women are not informed about the risks of taking certain medications during pregnancy. These are known as teratogens and can cause birth defects in the fetus, including spina bifida.

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

When filing a lawsuit against the parties that are accountable for your child's health, it is important to gather the most evidence you can. This includes blood tests, ultrasound images, and medical bills incurred as a result of the birth defect. This information will help the attorney to determine the value of the case.

Product Liability

Pregnancy is one of the most thrilling and stressful times in a woman's life. But it's also a period where many medical professionals make mistakes that can cause birth defects. An experienced attorney can help parents bring a lawsuit against those responsible for their child's condition and acquire the amount of compensation they deserve.

While the causes of birth defects are often unknown to medical experts but a large proportion of birth defects can be attributed to environmental or chemical exposure. This may include contact by parents with toxic chemicals at the workplace, for example glycolethers and solvents utilized in semiconductor manufacturing, as well as agricultural chemicals for Birth defect pesticides and spraying of crops.

In addition, manufacturers and birth defect those who prescribe prescription medicines are required to inform consumers of the dangers. Yet, a large percentage of these drugs are offered off-label to women who are pregnant age without proper warnings about the potential for birth defects. This is particularly applicable to 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 development of birth defects due to parental exposure to toxic chemicals, including those used in semiconductor manufacturing and agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.