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10 Misconceptions That Your Boss May Have About Birth Defect Legal
Birth Defect Litigation

Parents want perfect babies However, some injuries occur out of their control. If injuries that result from these accidents require special medical attention and expensive procedures, it could cause families to incur huge costs.

A New York birth defect lawyer can assist parents who are stunned to file an action and receive compensation to cover the cost of future expenses. The law has strict deadlines on when claims can be filed.

Statute of Limitations

Modern technology and medical advances have aided in reducing the risks associated with pregnancy, childbirth and birth. However, birth defects and injuries still occur. Families should consider their legal options when they are preventable.

Many birth defect suits are stemming from accusations of medical malpractice. These cases can involve mistakes made by doctors or nursing personnel at any stage of labor, birth and pregnancy. Medical professionals may also be negligent following the birth of a baby when they fail to provide the proper treatment.

In general the statute of limitations for these cases are 2.5 years after the date of the medical negligence. For infants this is sometimes extended. It is nevertheless important to seek legal counsel as soon as possible to ensure that all evidence is gathered and that a timely claim be filed.

A lawsuit can be filed on behalf of a child to claim birth defects caused by chemical and toxic exposures during the pregnancy. Lawyers specially trained in birth defects can investigate and defend these claims on behalf of the family.

When choosing an attorney to represent them in a birth defect or birth injury lawsuit parents should be looking for the following qualities:

Medical Malpractice

Birth defects can lead to various mental and physical issues. Some of them could be fatal. Some of these problems are inherited, whereas others are caused by exposure to the environment or the use of prescribed drugs during pregnancy.

A doctor or medical professional could be accused of misconduct in the event of causing birth defects through their actions or inaction. These cases typically are due to medical negligence during delivery or labor. They also encompass any act which falls below a standard of medical treatment, for instance the failure to diagnose an illness or prescribing the wrong medication during pregnancy.

One example involves Teratogens. These drugs can result in birth defects that are serious. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If a woman is exposed to the drug, then she should submit an action.

It is important that you select an attorney who has prior experience in these types of cases. Find a firm that has a specialization in this field and operates on an hourly basis, which means there is no cost unless you are successful. Look for an attorney who has an excellent ability to communicate and negotiate. This will ensure that your claim is filed before the time limit expires.

Prescription Drugs


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

Pharmaceutical companies are required to test their products correctly and inform the public of any risks that could be present. Unfortunately some pharmaceutical companies do not keep up with research or anticipate the potential adverse effects. Some doctors recommend dangerous drugs to their patients. Some women are not aware of the dangers associated with taking certain medications while pregnant. These drugs are known as teratogens. They could cause birth defects in the fetus including spina bifida.

Other substances that could cause birth defects include chemicals that are 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 cause harm to their reproductive health and lead to birth defects.

If you are filing lawsuits against the parties who are responsible for your child's illness it is essential to gather as much evidence as possible. This includes ultrasound images, blood tests, and medical bills incurred due to the birth defect. This information helps the attorney assess the value of the case.

Product Liability

Pregnancy is among the most thrilling and stressful events in a woman's lifetime. However, it's also a time where many medical professionals make mistakes that can lead to birth defects. A reputable attorney can assist parents in submitting a claim and obtaining the money they deserve from the people responsible for the disabilities of their child.

Medical professionals aren't always able to determine the causes of birth defects, however many of them can be attributable to environmental or chemical exposure. This can be due to exposure by parents to toxic chemicals at work such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used for crop spraying and pesticides.

In addition, the manufacturer and those who prescribe prescription medicines have a responsibility to inform consumers of the dangers. Yet, a large percentage of these drugs are marketed off-label to women of childbearing age, without warnings about the possibility of birth defects. This is particularly the case with antidepressants such as Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defects lawsuits against chemical and pharmaceutical companies. He focuses his practice on cases involving the occurrence birth defects due to exposure of parents to toxic chemicals such as the ones used in semiconductor manufacturing and agriculture. birth defect law firm simi valley graduated from American University in Washington, D.C. and Suffolk University Law School.

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