5 Killer Quora Answers On Birth Defect Legal

Birth Defect Litigation

Certain injuries are beyond the parents of their control. When these injuries 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 stunned to file an action and receive compensation to cover future costs. The law has strict time limits for when claims can be filed.

Statute of Limitations

Modern technology and medical advancements have helped to reduce the risks of childbirth and pregnancy. However birth defects and injuries do occur. When they are preventable, families should consider their legal options.

Many birth defect lawsuits are based upon allegations of medical malpractice. These cases can involve errors made by doctors or nurses at any time during the labor and birth processes. Medical professionals may also commit malpractice after the birth of a child in the event that they fail to provide appropriate treatment.

In general, the statutes of limitation for these cases are 2.5 years from the date of the medical mistake. The time frame is extended for infants. But, it is crucial 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 lawsuit could also be filed on behalf of an infant for birth defects caused by wrongful toxic and chemical exposures that take place during the mother's pregnancy. Specially trained birth defect lawyers can investigate and prosecute these claims on behalf of the family.

Parents should think about the following factors when choosing an attorney to represent their interests in a lawsuit filed for birth defects or injuries:

Medical Malpractice

Birth defects can result in a wide range of mental or physical problems. Some birth defects can cause death. Some of these problems may be caused by genetics, while others are caused through exposure to the environment or prescription drugs taken during pregnancy.

A doctor or medical professional may be accused of negligence when they cause a birth defect through their actions or inaction. The most common cases involve medical negligence during the birth or labor process. They can also include any other be in compliance with a standard of medical care, like, failing to diagnose an illness or prescribing incorrect medication during pregnancy.

One instance of case involves a medication called teratogens. It can cause serious birth defects. When pregnant, doctors usually recommend women not to take this medication, which is commonly used in the treatment of seizures. If a woman who is pregnant is exposed to this medication, she must submit an insurance claim.

It is important to select an attorney who has handled these types of cases. Choose a law firm that is specialized in this field and operates on a contingency basis, so you don't pay anything unless you are successful. Look for an attorney with outstanding negotiation and communication skills. This will help to ensure that you submit your claim before the time for filing expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities, which require expensive medical care and accommodations for the child. Most of the time, these issues are genetically inherited, but some of them can be caused by environmental or chemical exposure or medication that the mother took while pregnant.

Drug manufacturers are required to test their products properly and inform the public of the potential dangers. Unfortunately some pharmaceutical companies fail to keep up with the latest research or anticipate potential side consequences. Some 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 known as teratogens and 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 like mercury that can contaminate groundwater or air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women chemicals and substances that cause harm to their reproductive health and lead to birth defects.

If you are filing a lawsuit against the parties accountable for your child's condition, it is important to gather as much evidence as you can. This includes blood tests, ultrasound images, and medical bills incurred because of the birth defect. This information will help the attorney assess the value of the case.

Product Liability

Pregnancy is among the most exciting, yet nerve-wracking experiences in a woman's lifetime. But it's also a time when many medical professionals make mistakes that can cause birth defects. A top attorney can help parents bring a lawsuit against those who are responsible for their child's disabilities and get the amount of compensation they deserve.

Although the causes of birth defects are usually unknown to medical experts but a large proportion of birth defects are linked to exposure to chemicals or birth defect environmental factors. This may include contact by parents with toxic chemicals at the workplace, such as glycol ethers and solvents that are used in semiconductor manufacturing, as well as agricultural chemicals used for pesticides as well as spraying of crops.

In addition, the manufacturer and those who prescribe prescription drugs have a responsibility to inform consumers of the dangers. However, a significant portion of these drugs are sold off-label to women who are pregnant age without adequate warnings about the risk of birth defects. This is particularly 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 concentrates his practice on cases that involve the occurrence of birth defects resulting from exposure of parents to toxic chemicals, such as the ones used in semiconductor manufacturing and agriculture. He graduated of the American University in Washington, D.C. and Suffolk University Law School.