Five Killer Quora Answers On Birth Defect Legal

Birth Defect Litigation

Parents want perfect babies, but some injuries happen beyond their control. Families can be left with huge bills when these injuries require costly procedures and special treatment.

A New York birth defect lawyer can assist parents in filing claims and receive compensation to pay for future expenses. The law has strict deadlines on when claims can be filed.

Statute of limitations

Modern medical technology and advances have reduced the risks associated with childbirth, pregnancy and birth. However birth defects and injuries still occur. If they're preventable families must explore their legal options.

Many birth defect lawsuits stem from allegations of medical malpractice. These cases can involve mistakes made by doctors or nursing staff at any stage of the birth process, including labor and pregnancy. Medical professionals can also be negligent following the birth of a baby 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 mistake. This time period can be extended for infants. It is essential to speak with a lawyer whenever you can to ensure that all the evidence is collected and that a timely complaint can be filed.

In addition to medical malpractice, a suit may also be filed on behalf of a baby for birth defects that result from wrongful toxic and chemical exposures that occur during the 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 look for the following qualities:

Medical Malpractice

Birth defects can trigger a wide range of mental or physical problems. Some birth defects can be fatal. Some of these problems are inherited, whereas others are due to exposure to the environment or the use of prescribed drugs during pregnancy.

A medical professional or doctor could be accused of misconduct when they cause a birth defect through their actions or inaction. Most cases involve medical negligence during labor or delivery. However, they can comprise any act or failure to act that is not in the range of the medical standard of care, birth defect for instance, failing to recognize a medical issue or prescribing the wrong medication during pregnancy.

One example of situation is a drug called teratogens. This medication can cause serious birth defects. During pregnancy, doctors usually advise women to stay clear of this medication, which is utilized in the treatment of seizures. If a woman is exposed to the drug she must make a claim.

It is important to select an attorney who is experienced in handling these kinds of cases. Find a law firm that is experienced in this area, and works on the basis of a contingent fee, which means you don't have to pay any fees unless you win. Additionally, you should choose an attorney with excellent negotiation and communication skills. This will ensure that you submit your claim before the statute of limitation expires.

Prescription Drugs

Many birth defects result in physical or mental disabilities, which require costly medical care and accommodations for the child. These disorders are usually caused by genetics, but can also be caused by chemical or environmental exposure or medications taken by the mother during pregnancy.

Drug manufacturers have an obligation to adequately test their products and warn consumers of any risks. Unfortunately, some pharmaceutical companies don't keep up with the latest research or fail to anticipate possible adverse effects. Some doctors prescribe dangerous drugs to their patients, and some women aren't aware of the risks of using certain drugs during pregnancy. These medications are referred to as teratogens, and they can cause birth defects in the fetus, including spina bifida.

Other substances that could cause birth defects are the chemicals used in the agricultural and manufacturing industries, as well as heavy metals like mercury, which 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 cause harm to their reproductive health and cause birth defects.

It is important to collect as much evidence as you can before filing a lawsuit against the parties accountable. This includes any ultrasound images, blood tests and medical bills that came up due to the birth defect. This assists the attorney in determining the financial worth of the case.

Product Liability

Pregnancy is one of the most exciting and nerve-wracking moments in a woman's life. But it's also a time where medical professionals often make mistakes that could lead to birth defects. An experienced attorney can assist parents make a claim against those who are responsible for their child's disabilities and receive the justice they deserve.

While the causes of birth defects are usually not understood by medical professionals but a large proportion of birth defects can be linked to exposure to chemicals or environmental factors. This can include exposure by parents to toxic chemicals at work such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used for pesticides and crop spraying.

The manufacturers and the people who prescribe medication also have a duty to warn the public about their risks. Yet, a substantial portion of these medications are sold off-label for women of childbearing age without warnings regarding the risk of birth defect attorneys 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 chemical and pharmaceutical companies. He focuses his practice on cases involving the occurrence of birth defects resulting from exposure of parents to toxic chemicals, such as those used in semiconductor manufacturing as well as agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.