5 Killer Quora Answers On Birth Defect Legal > 자유게시판

Birth Defect Litigation

Some injuries are beyond the parents or their control. If injuries that result from these accidents require special medical attention and expensive procedures, it could leave families with huge expenses.

A New York birth defect lawyer can help stunned parents file a claim and get compensation to cover future expenses. However, the law places strict time limitations on when a claim must 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 can still occur. Families need to consider their legal options if they are preventable.

Many birth defect lawsuits are based upon allegations of medical malpractice. These cases can involve mistakes made by nurses or doctors staff at any stage of labor, pregnancy and birth. 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 limitations in these cases is 2.5 years after the date of the medical negligence. For infants, this is sometimes extended. It is essential to speak with a lawyer as soon as you can to ensure that all evidence is gathered, and that a timely complaint can be filed.

In addition to medical malpractice, a lawsuit could also be filed on behalf of an infant for birth defects caused by improper exposure to chemicals and toxic substances 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 take into consideration the following qualities when selecting an attorney to represent them in a lawsuit for birth defects or birth injuries:

Medical Malpractice

Birth defects can trigger many physical or mental 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 medical professional or doctor could be accused of malpractice in the event of causing a birth defect law firms defect through their actions or inaction. The majority of these cases are due to medical negligence during delivery or labor. However, they may also comprise any act or failure to act in excess of a medical standard of care, for instance, failing to recognize a medical issue or prescribing the wrong medicine during pregnancy.

One such type of situation involves a drug called teratogens, which can cause serious birth defects. Doctors usually advise women not to take this medication during pregnancy. It is used to treat seizures. If a pregnant woman is exposed to this medication, she must file an insurance claim.

It is crucial to choose an attorney who has prior experience in these types of cases. Find a law firm that is experienced in this area and works on an on a contingency basis, meaning you won't have to pay a dime unless you win. Also, search for a lawyer who has excellent communication and negotiation 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 expensive medical care and accommodations for the child. These conditions are often genetic, but they can also be caused by chemical or environmental exposure or medications taken by the mother during pregnancy.

Drug manufacturers have an obligation to test their products thoroughly and inform consumers of any potential risks. Unfortunately some pharmaceutical companies do not keep up-to-date with current research or fail to anticipate possible side effects. Moreover, doctors may prescribe dangerous drugs to patients, and some women do not receive the correct information regarding the risks of taking certain medications during pregnancy. These drugs are known as teratogens and can cause birth defects in the fetus. This includes spina bifida.

Other substances that could cause birth defects are the chemicals used in the manufacturing and agricultural industries, and heavy metals like mercury, which affect groundwater or the air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women to toxic chemicals and 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 parties responsible. This includes ultrasound images, blood tests and medical bills that came up due to the birth defect. This helps the attorney establish the worth of the case.

Product Liability

Pregnancy is one of the most thrilling and stressful moments in a woman's life. But it's also a time when many medical professionals make mistakes that could lead to birth defects. A top attorney can help parents bring a lawsuit against those responsible for their child's disability and acquire the justice they deserve.

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

Additionally, the manufacturers and those who prescribe prescription medications have a responsibility to warn people of their risks. Yet, a substantial portion of these drugs are marketed off-label for women of childbearing age without adequate warnings about the risk of birth defects. This is especially 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 that involve the occurrence of birth defects caused by parental exposure 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.