Five Killer Quora Answers On Birth Defect Legal

Birth Defect Litigation

Parents want perfect babies however, there are some injuries that occur outside their control. Families may be left with huge debts when these injuries require costly procedures and special care.

A New York birth defect lawyer can assist parents in filing a claim and get compensation to cover future expenses. The law has strict time limitations for when claims can be filed.

Statute of Limitations

Modern technology and medical advancements have helped reduce the risks that come with childbirth and pregnancy. However, birth defects and injuries still occur. Families need to explore their legal options if they can be prevented.

Many birth defect lawsuits are founded on allegations of medical malpractice. These lawsuits can result from mistakes made by doctors or nursing personnel at any stage of labor, birth and pregnancy. Medical professionals may also be guilty of malpractice following the birth of a child in the event that they fail to provide appropriate treatment.

In general, the statutes of limitation for these cases is 2.5 years after the date of the medical malpractice. This time frame can be extended to infants. It is essential to talk with a lawyer as soon as you can to ensure that all the evidence is gathered 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 caused by wrongful exposure to chemicals and toxic substances that occur during the mother's pregnancy. Specially trained birth defect lawyers can investigate and prosecute these claims on behalf of the family.

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

Medical Malpractice

Birth defects can cause an array of physical or mental problems. Some birth defects can cause death. Some of these problems may be caused by genetics while others are caused by exposure to environmental factors or prescription medications used during pregnancy.

A medical professional or doctor could be accused of misconduct if they cause a birth defect law firms defect through their actions or inaction. These cases typically are based on medical negligence during delivery or labor. However, they can also include any act or failure to act in excess of a medical standard of care, such as not diagnosing a medical condition or prescribing the wrong medicine during pregnancy.

One example of this type of case involves a medication called teratogens. It can cause serious birth defects. During pregnancy, doctors typically advise women to avoid taking this medication, which is used to treat seizures. If women are exposed to the drug she must make an insurance claim.

It is vital to choose an attorney who has expertise in these kinds of cases. You should seek out an attorney with experience in this field and is based on contingency, meaning that you don't have to 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 statute of limitations expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities, that require expensive medical treatment and accommodations for the child. Often, these conditions are inherited, but a few can be caused by chemical or environmental exposure, or the medications the mother consumed during pregnancy.

Drug manufacturers have an obligation to adequately test their products and warn consumers of any potential risks. Unfortunately certain pharmaceutical companies fail to keep up-to-date with the latest research or fail to anticipate potential adverse consequences. Furthermore, doctors may prescribe dangerous drugs to their patients and some women do not receive the correct information regarding the dangers of taking certain medications during pregnancy. These drugs are referred to as teratogens and can cause birth defects in the fetus. This includes spina bifida.

Other substances that can cause birth defects are the chemicals used in the manufacturing and agricultural industries, as well as heavy metals such as mercury that can contaminate groundwater or air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women to harmful chemicals and substances that can affect their reproductive health and lead to birth defects.

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

Product Liability

Pregnancy is among the most thrilling and stressful times in a woman's life. However, it's also a time where many medical professionals make mistakes that could lead to birth defects. A top attorney can assist parents in filing an action and obtaining the compensation they deserve from those responsible for birth defect the handicap of their child.

While the causes of birth defects are generally unknown to medical experts but a large proportion of birth defects can be attributed to exposure to chemicals or environmental causes. This could include exposure of parents to toxic chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used in pesticides and crop spraying.

The manufacturers and the people who prescribe medications must also inform people about the dangers. However, a significant portion of these drugs are offered off-label to women of childbearing age without warnings regarding 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 chemical and pharmaceutical companies. His practice is centered around cases that involve the occurrence of birth defects caused by exposure of parents to toxic chemicals such as those used in semiconductor manufacturing as well as agriculture. He graduated from the American University in Washington, D.C. as well as Suffolk University Law School.