Five Killer Quora Answers On Birth Defect Legal
Birth Defect Litigation
Some injuries are beyond the parents or their control. Families are left with a large bill when injuries require costly procedures and specialized care.
A New York Birth Defect (Radioveseliafolclor.Com) lawyer can assist parents who are shocked to file claims and receive compensation to cover future expenses. The law has strict time limitations on when a claim may be filed.
Statute of Limitations
Modern technology and medical advancements have helped to reduce the risks associated with pregnancy and childbirth. However birth defects and injuries can still occur. If they're preventable families must consider their legal options.
Many birth defect lawsuits are founded on allegations of medical malpractice. These cases could involve mistakes made by doctors or nurses at any point in the labor and birth procedures. In addition, medical professionals can commit medical malpractice following the birth of a child if 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 mistake. For infants, this time can be extended. It is essential to speak with a lawyer early enough to ensure that all the evidence is collected 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 improper exposure to chemicals and toxic substances that occur during a mother's pregnancy. Specially trained birth defect lawyers can investigate and bring these cases on behalf of the family.
When selecting an attorney for a birth defect or birth injury lawsuit parents should be looking for the following qualities:
Medical Malpractice
Birth defects can trigger many mental or physical problems. Some birth defects can be fatal. Certain of these problems could be caused by genetics, while others are caused by environmental exposures or prescription medications used during pregnancy.
A medical professional or doctor may be accused of negligence in the event of causing a birth defect through their actions or inaction. These cases typically are due to medical negligence during delivery or labor. However, they could also include any act or failure to act that falls short of a medical standard of care, for instance, failing to diagnose a problem or prescribing the wrong medicine during pregnancy.
One example of this type of situation involves a drug called teratogens. This medication can cause serious birth defects. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If a woman who is pregnant is exposed to this drug, she should submit a claim.
It is crucial to choose an attorney who has expertise in these kinds of cases. It is best to choose a firm that has years of experience in this field and operates on contingency basis, which means you don't pay anything until you are successful. Additionally, you should choose a lawyer who has excellent negotiation and communication abilities. This will ensure that you file your claim before the statute of limitations expires.
Prescription Drugs
Many birth defects result in mental or physical disabilities which require costly medical care and accommodations for the child. These disorders are usually genetic, birth defect but they may also be caused by chemical or environmental exposure or medications taken by the mother during pregnancy.
Pharmaceutical manufacturers are required to test their products properly and warn the public of any potential risks. Unfortunately certain pharmaceutical companies fail to keep up-to-date with the latest research or fail to anticipate potential side consequences. Certain doctors prescribe dangerous drugs to their patients and some women aren't aware of the risks associated with taking certain drugs while pregnant. 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 the chemicals used in the manufacturing and agricultural industries, and heavy metals like mercury, which contaminate air or groundwater. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women to toxic chemicals and substances that could harm their reproductive health and cause birth defects.
It is crucial to gather as all evidence you can before making a claim against the parties accountable. This includes blood tests, ultrasound images, and medical bills that came up because of the birth defect. This information can help the attorney determine the value of the case.
Product Liability
Pregnancy is among the most exciting and nerve-wracking experiences a woman can go through in her life. But it's also a time when medical professionals can make mistakes that could cause birth defects. A top attorney can assist parents in filing an action and obtaining the amount they deserve from those who are responsible for the impairment of their child.
Although the causes of birth defects are generally not understood by medical professionals but a large proportion of birth defects can be linked with exposure to chemicals or the environment. This can include exposure by parents to harmful chemicals at work, such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used for spraying crops and pesticides.
Manufacturers and those who prescribe medications must also inform people about the dangers. However, a significant portion of these drugs are marketed off-label to women of childbearing age without adequate warnings about the possibility of 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. He focuses his practice on cases involving the development of birth defects caused by exposure of parents to toxic chemicals, birth defect including those used in semiconductor manufacturing and agriculture. He graduated of the American University in Washington, D.C., and Suffolk University Law School.