Five Killer Quora Answers To Birth Defect Legal
Birth Defect Litigation
Parents want their children to be perfect However, some injuries occur out of their control. Families may be left with a huge bill when injuries require expensive procedures and special treatment.
A New York birth defect lawyer can help stunned parents file an appeal and obtain compensation to cover future costs. However, the law puts strict time limitations on the time a claim has to be filed.
Statute of Limitations
Modern technology and medical advances have helped reduce the risks associated with childbirth and pregnancy. However birth defects and injuries still occur. When they are preventable, families should consider their legal options.
Many birth defect lawsuits stem from allegations of medical malpractice. These lawsuits can result from mistakes committed by nurses or doctors personnel at any stage of labor, pregnancy and birth. Medical professionals may also be negligent after the birth of a child in the event that they fail to provide appropriate treatment.
In general the statute of limitations for these cases are 2.5 years from the date of the medical mistake. The time limit may be extended for infants. It is important to consult a lawyer whenever you can to ensure that all the evidence is collected and that a timely complaint be filed.
In addition to medical malpractice, a lawsuit can also be brought on behalf of an infant for birth defects resulting from improper toxic and chemical exposures that occur during a mother's pregnancy. Specially trained birth defect (visit the next document) lawyers can investigate and bring these cases on behalf of the family.
When selecting an attorney for a birth injury or defect lawsuit parents should consider the following qualities:
Medical Malpractice
Birth defects can cause many mental or physical problems. Some birth defects can cause death. Certain of these problems could be genetic, while others are caused by exposure to the environment or prescription drugs taken during pregnancy.
A medical professional or doctor could be accused of malpractice when they cause a birth defect through their actions or inaction. Most cases involve medical negligence during the birth or labor process. However, they may also comprise any act or failure to act that falls short of the medical standard of care, for instance, not diagnosing a medical condition or prescribing the wrong medicine during pregnancy.
One instance of situation involves a drug called teratogens. This medication can cause serious birth defect lawsuit defects. When pregnant, doctors usually advise women to not take this medication, which is utilized in the treatment of seizures. If an individual is exposed to the drug then she should make an action.
It is important to select an attorney who is experienced in handling these kinds of cases. You should seek out a firm with years of experience in this field and is on contingency, birth defect which means you won't have to pay anything until you are successful. Look for an attorney with an excellent ability to communicate and negotiate. This will help ensure that you file 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. These problems are usually caused by genetics, but can also be caused by chemical or environmental exposure or the use of medications by the mother during pregnancy.
Drug makers are required to test their products thoroughly and inform the public of any potential risks. Unfortunately certain pharmaceutical companies do not keep up with the latest research or foresee potential side effects. Additionally, doctors can prescribe dangerous medicines to their patients, and some women do not receive adequate information on the risks of taking certain medications during pregnancy. These drugs are referred to as teratogens, and they can cause birth defects in the fetus including spina bifida.
Other substances that can cause birth defects are chemicals used in the agricultural and manufacturing industries, as well as heavy metals such as mercury that affect groundwater or the air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women chemicals and substances that can cause harm to their reproductive health and cause birth defects.
It is important to collect as the evidence you can before filing a lawsuit against the party responsible. This includes ultrasound images, blood tests and medical bills that arise as a result of the birth defect. This information assists attorneys determine the worth of the case.
Product Liability
Pregnancy can be one of the most exciting, and nerve-wracking experiences in the life of a woman. However, it's also a time when medical professionals can make mistakes that can cause birth defects. A top attorney can assist parents in submitting an appeal and gaining the compensation they deserve from those responsible for the handicap of their child.
While the causes of birth defects are typically not understood by medical professionals but a large proportion of birth defects can be attributed to environmental or chemical exposure. This can include parental contact with toxic chemicals at the workplace, like glycolethers and solvents utilized in semiconductor manufacturing as well as chemical pesticides used in agriculture and spraying crops.
The manufacturers and the people who prescribe medication are also obliged to warn the public about their risks. However, a lot of these drugs are sold off-label for 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, represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. He focuses his practice on cases involving the development of birth defects due to parental exposure to toxic chemicals, which includes those used in semiconductor manufacturing and agriculture. He graduated from the American University in Washington, D.C. as well as Suffolk University Law School.