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What's Holding Back This Birth Defect Legal Industry?
Birth Defect Litigation

Parents want perfect children However, some accidents happen out of their control. Families are left with huge debts when these injuries require expensive procedures and specialized care.

A New York birth defect attorney can help parents who are grieving and file an appeal to be compensated for future expenses. However, the law places strict deadlines for when a claim must be filed.

Statute of Limitations

Modern technology and medical advancements have helped to reduce the risks associated with childbirth and pregnancy. Birth defects and injuries do still occur. Families need to explore their legal options if they can be prevented.

Many birth defect lawsuits are based on allegations of medical malpractice. These cases can involve errors made by doctors or nurses at any time during the birth, labor and delivery procedures. In addition medical professionals may be guilty of medical malpractice after the birth of a baby by failing to provide proper treatment.

In general the statute of limitations in these cases are 2.5 years after the date of the medical mistake. For infants this is sometimes extended. It is essential to speak with an attorney early enough to ensure that all evidence is gathered, and that a timely complaint can be filed.

A lawsuit may be filed on behalf of a child in relation to birth defects that are caused by toxic and chemical exposures during the pregnancy. Specially trained birth defects lawyers can examine the claims and then prosecute them on behalf of the family.

When choosing an attorney for a birth injury or defect lawsuit parents should look for the following qualities:

Medical Malpractice

Birth defects can lead to a wide range of mental or physical problems. Some of them could be fatal. Some of these problems may be caused by genetics, while others are caused by environmental exposures or prescription drugs taken during pregnancy.

Medical professionals or doctors could be convicted of malpractice when they cause birth defects as a result of their actions or inaction. These cases usually are due to medical negligence during delivery or labor. However, they can be a result of any action or failure to act that is in violation of the medical standard of care, such as failing to diagnose a condition or prescribing the wrong medicine during pregnancy.

One instance of case involves a medication known as teratogens, which could cause birth defects that are serious. Doctors typically advise women to take this medication during pregnancy. It is used to treat seizures. If a woman who is pregnant is exposed to this drug, she should make a claim.


It is essential to select an attorney who has prior experience in these types of cases. You should choose a firm that has expertise in this area and is on contingency, which means you won't have to pay anything until you are successful. Look for an attorney who has excellent communication and negotiation skills. This will ensure that your claim is filed before the time limit expires.

Prescription Drugs

Many birth defects can cause mental or physical disabilities that require expensive medical treatment and accommodations for the child. Most often, these disorders are inherited, but a few of them are caused by chemical or environmental exposure, or the medications the mother took during pregnancy.

Pharmaceutical manufacturers are required to test their products thoroughly and inform the public of any risks that could be present. Unfortunately certain pharmaceutical companies fail to keep up to date with the latest research or fail to anticipate possible adverse consequences. Some doctors prescribe dangerous drugs to their patients, and some women aren't aware of the risks associated with using certain drugs during pregnancy. These are known as teratogens, and they can cause birth defects within the fetus. This includes spina bifida.

Other substances that may cause birth defects include chemicals used in manufacturing and agriculture as well as heavy metals like mercury, which are contaminating the groundwater and air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women to toxic chemicals and substances that can harm their reproductive health and lead to birth defects.

If you are filing lawsuits against the people that are accountable for your child's health, it is important to gather as much evidence as you can. This includes ultrasound images, blood tests, and medical bills incurred because of the birth defect. This information will help the attorney to determine the value of the case.

Product Liability

Pregnancy is among the most thrilling and stressful moments in a woman's life. But it's also a period where many medical professionals make mistakes that can lead to birth defects. birth defect lawyer anaheim can assist parents in filing claims and getting the compensation they deserve from those responsible for the handicap of their child.

Although the causes of birth defects are usually unknown to medical professionals but a large proportion of birth defects can be linked to exposure to chemicals or environmental causes. This can include exposure by parents to toxic chemicals at work, such as glycol ethers and solvents in semiconductor manufacturing, as well as agricultural chemicals used for crop spraying and pesticides.

The pharmaceutical companies and those who prescribe medications must also 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 risk of birth defects. This is particularly relevant for antidepressants like Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defects lawsuits against pharmaceutical and chemical companies. His practice is centered around cases where birth defects result from exposure to toxic chemicals in the home by parents such as those employed in semiconductor manufacturing or farming. He graduated from American University in Washington, D.C. and Suffolk University Law School.

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