5 Killer Quora Answers To Birth Defect Legal
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Certain injuries are beyond the parents' control. Families can be left with huge bills when these injuries require costly procedures and special care.
A New York birth defect [read article] lawyer can assist parents who are stunned to file a claim and get compensation to cover the cost of future expenses. However, the law imposes strict deadlines for when a claim must be filed.
Statute of limitations
Modern technology and medical advancements have helped reduce the risks associated with childbirth and pregnancy. However, birth defects and injuries do occur. If they're preventable, families must explore their legal options.
Many birth defect lawsuits are based upon allegations of medical malpractice. These cases can involve mistakes committed by nurses or doctors staff at any stage of pregnancy, labor and birth. Medical professionals can also commit malpractice after the birth of a child if they fail provide proper treatment.
Generally speaking, the time limit for these cases is generally 2.5 years from the date of the incident of medical negligence. This time period can be extended for infants. However, it is essential to seek legal counsel as soon as you can to ensure that all evidence is gathered and that a timely claim can be filed.
In addition to medical malpractice, a suit can also be filed on behalf of an infant for birth defects that result from wrongful exposure to chemicals and toxic substances that occur during a mother's pregnancy. Specially trained birth defect lawyers can investigate and pursue these claims 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 an array of mental or physical issues. Some birth defects can be fatal. Some of these problems may be genetic and others may be caused by exposure to environmental factors or prescription drugs taken during pregnancy.
A doctor or medical professional could be convicted of malpractice if they cause a birth defect through their actions or inaction. Most cases involve medical negligence during the birth or labor process. They can also include any perform a task that is not within the standard of medical treatment, for instance the failure to diagnose an illness or prescribing the wrong medication during pregnancy.
One example of case is a medication called teratogens. It can cause serious birth defects. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If an individual is exposed to the drug, she must file a claim.
It is crucial to select an attorney with experience handling these kinds of cases. You should seek out an attorney who has experience in this field and is on contingency, which means you won't have to pay anything until you win. Look for an attorney with outstanding negotiation and communication skills. This will help to ensure that you file your claim before the time for filing expires.
Prescription Drugs
Many birth defects result in mental or physical disabilities, that require costly medical treatment and accommodations for the child. Often, these conditions are inherited, but a few of them are caused by chemical or environmental exposure or medication that the mother took while pregnant.
Pharmaceutical companies are required to test their products thoroughly and warn the public of any potential dangers. Sadly, some pharmaceutical companies fail to keep up with the latest research or anticipate the potential adverse consequences. Moreover, doctors may prescribe dangerous drugs to their patients as well as some women do not get proper information about the risks of taking certain drugs during pregnancy. These are known as teratogens and can cause birth defects in the fetus including spina bifida.
Other substances that can cause birth defects are the chemicals used in the agricultural and manufacturing industries, as well as heavy metals like mercury that affect groundwater or the air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations which expose women to harmful chemicals and substances that could damage their reproductive health and cause birth defects.
It is important to collect as the evidence you can prior to filing a lawsuit against the responsible parties. This includes any ultrasound scans, blood tests and medical bills that arise because of the birth defect. This assists the attorney in determining the value of the case.
Product Liability
Pregnancy is among the most exciting and nerve-wracking experiences a woman can go through in her life. But it's also a time where many medical professionals make mistakes that could lead to birth defects. A reputable attorney can assist parents in filing an appeal and gaining the compensation they deserve from those responsible for the disability of their child.
While the causes of birth defects are typically unknown to medical experts but a large proportion of birth defects are linked with exposure to chemicals or the environment. This can include parental exposure to toxic chemicals at work such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used for spraying for crops and pesticides.
Manufacturers and those who prescribe medicines are also required to warn the public about their risks. However, a significant portion of these drugs are sold off-label to women who are pregnant age without adequate warnings about the potential for birth defects. This is especially relevant for antidepressants like Prozac and Zoloft.
Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. His practice focuses on cases that involve the occurrence of birth defects that result from parental exposure to toxic chemicals, including those in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.
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