Five Killer Quora Answers To Birth Defect Legal
Birth Defect Litigation
Parents want perfect children However, some accidents happen outside of their control. Families can be left with huge bills when these injuries require costly procedures and specialized care.
A New York birth defect lawyer can assist parents in filing a claim and get compensation to pay for future expenses. However, the law has strict deadlines for when a claim needs to be filed.
Statute of Limitations
Modern technology and medical advances have helped reduce the risks of childbirth and pregnancy. However birth defects and injuries do occur. Families need to explore their legal options when they are preventable.
Many birth defect lawsuits are based on allegations of medical malpractice. These cases may involve errors made by doctors or nursing staff at any point during labor, pregnancy and birth. Medical professionals can also be negligent following the birth of a child when they fail to provide the proper treatment.
In general the statute of limitation for these cases is 2.5 years from the date of the medical mistake. The time limit can be extended to infants. 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 resulting from improper toxic and chemical exposures that occur during a mother's pregnancy. Specially trained birth defect lawyers can investigate and bring these cases on behalf of the family.
Parents should think about the following factors when choosing an attorney to represent them in a lawsuit for birth defect or injury:
Medical Malpractice
Birth defects can result in numerous mental or physical ailments. Some birth defects can be fatal. Some of these issues are genetic, but others are due to exposure to environmental factors or the use of prescribed drugs during pregnancy.
A doctor or medical professional may be accused of negligence in the event of causing a birth defect through their actions or inaction. Most cases involve medical negligence during labor or delivery. They also encompass any act of failure to act which falls below a standard of medical treatment, for instance the failure to diagnose an illness or prescribing incorrect medication during pregnancy.
One instance of situation is a drug called teratogens. This medication can cause serious birth defects. Doctors usually advise women not to take this medication during pregnancy. It is used to treat seizures. If an individual is exposed to the drug then she should make an insurance claim.
It is essential to select an attorney with experience in these types of cases. You should choose an attorney with experience in this field and is on contingency, which means you don't have to pay anything until you win. Look for an attorney who has outstanding negotiation and communication skills. This will help ensure that you file your claim before the statute of limitation expires.
Prescription Drugs
Many birth defects result in mental or physical disabilities, that require costly medical treatment and accommodations for the child. Most of the time, these issues are genetic, but some of them may be caused by environmental or chemical exposure, or by medications the mother was taking during pregnancy.
Pharmaceutical manufacturers are required to test their products correctly and inform the public about any risks that could be present. Unfortunately many pharmaceutical companies do not keep up with the latest research or foresee potential side effects. Additionally, doctors can prescribe dangerous drugs to patients and some women do not have adequate information about the risks of taking certain medications during pregnancy. These medications are referred to as teratogens. 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, and heavy metals such as mercury that affect groundwater or the air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations which expose women to harmful chemicals and other substances that damage their reproductive health and cause birth defects.
It is important to collect as many evidences as you can before making a claim against the responsible parties. This includes any ultrasound images, blood tests, and medical bills that came up because of the birth defect. This assists the attorney in determining the financial value of the case.
Product Liability
Pregnancy is among the most thrilling and stressful times in a woman's life. It's also a time when many medical professionals make mistakes that could lead to birth defects. An experienced attorney can help parents bring a lawsuit against those responsible for their child's disability and receive the amount of compensation they deserve.
Although the causes of birth defects are usually unknown to medical professionals but a large proportion of birth defects are linked to exposure to chemicals or environmental causes. This could be due to contact by parents with toxic chemicals at the workplace, like glycolethers and solvents utilized in semiconductor manufacturing and chemical pesticides used in agriculture and spraying crops.
The manufacturers and the people who prescribe medications are also obliged to warn people about the dangers. Yet, a substantial portion of these drugs are offered off-label to women of childbearing age, without warnings about the possibility of birth defects. This is particularly the case with 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 caused by parental exposure to toxic chemicals, which includes those in semiconductor manufacturing and agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.