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What Is Birth Defect Legal' History? History Of Birth Defect Legal
Birth Defect Litigation

Some injuries are out of the parents or their control. If these injuries require special treatment and expensive procedures, it can cause families to be faced with massive costs.

A New York birth defect attorney can help parents who are grieving and file claims to obtain compensation for future expenses. However, the law places strict deadlines the time a claim has to be filed.

Statute of Limitations

Modern medical technology and advances have aided in reducing the risks associated with pregnancy, childbirth and birth. However birth defects and injuries do occur. Families need to explore their legal options when they can be prevented.

Many birth defect lawsuits are based upon allegations of medical malpractice. These cases may involve mistakes committed by nurses or doctors at any time during the labor and birth procedures. birth defect attorney salem may also be guilty of malpractice following the birth of a child when they fail to provide the proper treatment.

In general the statute of limitations in these cases are 2.5 years after the date of the medical error. For infants, this period may be extended. However, it is essential to seek legal advice as soon as you can to ensure that all evidence is gathered and that a timely claim can be filed.

A lawsuit may be filed on behalf of a child to claim birth defects that are caused by chemical and toxic exposures during pregnancy. Specially trained birth defect lawyers can investigate and prosecute these claims on behalf of the family.

Parents should consider the following qualities when selecting an attorney to represent them in a suit for birth injury or defect:

Medical Malpractice

Birth defects can cause various mental and physical problems. Some may even be fatal. Some of these problems are inherited, while others are caused by environmental exposures or the use of prescription drugs during pregnancy.

A doctor or medical professional could be convicted of malpractice in the event of causing a birth defect through their actions or inaction. These cases usually are due to medical negligence during labor or delivery. They also encompass any act of failure to perform a task that is not within the standard of medical care, such as the failure to diagnose an illness or prescribing the wrong medication during pregnancy.

One example is involving the teratogens. These medications can lead to serious birth defects. During pregnancy, doctors typically advise women to stay clear of this medication, which is used in the treatment of seizures. If a woman who is pregnant is exposed to this drug, she should file a claim.

It is vital to select an attorney with prior experience in these types of cases. You should choose a firm with experience in this field and operates on contingency basis, which means you don't have to pay nothing until you win. Also, search for an attorney with excellent communication and negotiation abilities. This will ensure that you make your claim in time before the time for filing expires.

Prescription Drugs

Many birth defects cause mental or physical disabilities, that require costly medical treatment and accommodations for the child. Most of the time, these issues are genetically inherited, but some of them are caused by chemical or environmental exposure, or the medications the mother was taking during pregnancy.

Drug manufacturers have an obligation to test their products thoroughly and inform consumers of any risks. Sadly, some pharmaceutical companies do not keep up with research or anticipate possible side effects. Certain doctors prescribe dangerous medications to their patients, and some women aren't aware of the risks associated with taking certain medications while pregnant. These medications are referred to as teratogens, and they could cause birth defects in the fetus, such as 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, which affect groundwater or the air. Diane Paolicelli's career in law has been dedicated to fighting powerful corporations that expose women to toxic chemicals and substances that can affect their reproductive health or lead to birth defects.

It is crucial to collect as the evidence you can before filing a suit against the parties accountable. This includes any ultrasound images, blood tests and medical bills that arose as a result of the birth defect. This information assists the attorney to determine the worth of the case.

Product Liability


Pregnancy can be one of the most exciting and anxiety-inducing experiences in the life of a woman. It's also a time when medical professionals can make mistakes that result in birth defects. An experienced attorney can assist parents file a claim against those who are responsible for their child's disabilities and obtain the justice they deserve.

Medical experts aren't always able to determine the exact cause of birth defects, however most of them can be due to environmental or chemical exposure. 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 spraying for crops and pesticides.

Manufacturers and those who prescribe medication are also obliged to warn the public about the risks. However, a lot of these drugs are offered off-label to women who are pregnant age without adequate warnings about the risk of birth defects. This is especially 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 by parents like those used in semiconductor manufacturing or agricultural. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.

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