Five Killer Quora Answers On Birth Defect Legal
Birth Defect Litigation
Some injuries are out of the parents or their control. If injuries that result from these accidents require special treatment and expensive procedures, it could result in huge costs for families.
A New York birth defect lawyer can assist parents in filing an action and receive compensation to pay for future expenses. The law has strict time limits for when claims can be filed.
Statute of limitations
Modern technology and medical advances have helped to reduce risks that are associated with childbirth, pregnancy and birth. However, birth defects and injuries continue to occur. If they can be prevented, families must explore their legal options.
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 during the birth, labor and delivery processes. Medical professionals can also be negligent following the birth of a child in the event that they fail to provide appropriate treatment.
Generally speaking, the time-limit for these cases is 2.5 years from the date of the act of medical malpractice. The time limit may be extended for infants. It is crucial to consult a lawyer early enough to ensure that all the evidence is gathered, 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 that result from wrongful toxic and chemical exposures that take place during the mother's pregnancy. Specially trained birth defect lawyers can investigate and bring these cases on behalf of the family.
Parents should consider the following qualities when selecting an attorney to represent them in a lawsuit for birth defects or injuries:
Medical Malpractice
Birth defects can trigger an array of mental or physical problems. Some birth defects can be fatal. Some of these issues are genetic, but others are caused by environmental exposures or the use of prescription drugs during pregnancy.
A medical professional or doctor could be convicted of malpractice in the event of causing a birth defect through their actions or inaction. These cases are usually based on medical negligence in delivery or labor. They can also be a result of any act of failure to be in compliance with a standard of medical care, such as, failing to diagnose an illness or prescribing incorrect medication during pregnancy.
One instance of case is a medication called teratogens. It can cause serious birth defects. During pregnancy, doctors usually advise women to not take this medication, which is utilized in the treatment of seizures. If a pregnant woman is exposed to this drug, she should make an insurance claim.
It is important to select an attorney with experience handling these types of cases. You should seek out a firm with expertise in this area and works on contingency, so you don't pay any fees until you win. Find an attorney who has great negotiation and communication skills. This can help ensure that your claim is filed before the time for filing expires.
Prescription Drugs
Many birth defects result in physical or mental disabilities, which require costly medical care and accommodations for the child. These conditions are often genetic, but they can also be caused by chemical or environmental exposure, or by medications taken by the mother during pregnancy.
Drug makers are required to thoroughly test their products and inform consumers of any potential risks. Sadly many pharmaceutical companies fail to keep up with research or anticipate potential side consequences. Certain doctors prescribe dangerous drugs to their patients, and some women are not aware of the risks associated with taking certain drugs while pregnant. These drugs are known as teratogens, and they can cause birth defects in the fetus, such as spina Bifida.
Other substances that can cause birth defects are chemicals used in the manufacturing and agricultural industries, as well as heavy metals like mercury that affect groundwater or the air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women to harmful chemicals and other substances that damage their reproductive health and lead to birth defects.
It is crucial to collect as the evidence you can prior to filing a suit against the party responsible. This includes ultrasound images, blood tests and medical bills that came up because of the birth defect. This information helps the attorney to determine the worth of the case.
Product Liability
Pregnancy is among the most exciting, and anxious experiences of the life of a woman. It's also a time where many medical professionals make mistakes that can cause birth defects. A top lawyer can help parents make a claim against those who are responsible for their child's disabilities and obtain the proper compensation they're entitled to.
Although the causes of birth defects are generally unknown to medical professionals but a large proportion of birth defects are linked to environmental or chemical exposure. This could include contact from parents with toxic chemicals in the workplace, such as glycolethers and Birth defect solvents utilized in semiconductor manufacturing and chemical pesticides used in agriculture and crop spraying.
The manufacturers and the people who prescribe medicines must also warn the public about the risks. However, a significant portion of these drugs are sold off-label to women of childbearing age without warnings regarding the potential for birth defect lawsuit defects. This is particularly the case with antidepressants such as Prozac and birth defect Zoloft.
Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. His practice focuses on cases that involve the occurrence of birth defects caused by parental exposure to toxic chemicals, which includes those used in semiconductor manufacturing as well as agriculture. He graduated from the American University in Washington, D.C. and Suffolk University Law School.