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20 Resources That Will Make You Better At Birth Defect Legal
Birth Defect Litigation

Some injuries are out of the parents of their control. When these injuries require special care and costly procedures, it could leave families with huge expenses.

A New York birth defect lawyer can assist parents who are stunned to file a claim and get compensation to pay for future expenses. The law has strict time limitations on when claims can be filed.

Statute of limitations

Modern technology and medical advances have helped reduce the risks of childbirth and pregnancy. However birth defects and injuries can still occur. Families should consider their legal options if they can be prevented.

Many birth defect lawsuits are based on allegations of medical malpractice. These cases may involve mistakes made by nurses or doctors at any point during the labor and birth processes. Additionally, medical professionals can commit medical malpractice following a child's birth if they fail to provide proper treatment.

In general the statute of limitation for these cases are 2.5 years from the date of the medical mistake. For infants this can be extended. It is important to consult a lawyer immediately to ensure that all evidence is gathered and that a timely complaint can be filed.

In addition to medical malpractice, a suit could 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 bring these cases on behalf of the family.

Parents should consider the following characteristics when choosing an attorney to represent them in a suit for birth defects or birth injuries:

Medical Malpractice

Birth defects can lead to various mental and physical ailments. Some birth defects may cause death. Some of these issues are inherited, while others are due to exposure to environmental factors or the use of prescription drugs during pregnancy.

Medical professionals or doctors may be accused of malpractice when they cause birth defects through their actions or inaction. These cases usually are based on medical negligence during delivery or labor. They can also include any other perform a task that is not within the standard of medical treatment, for instance not diagnosing an illness or prescribing the wrong medication during pregnancy.

One example of situation is a drug known as teratogens, which could cause serious birth defects. During pregnancy, doctors usually advise women to avoid taking this medication, which is commonly used in the treatment of seizures. If a woman is exposed to the drug it is recommended that she submit a claim.

It is essential to select an attorney who is experienced in handling these kinds of cases. Find a firm that is specialized in this area and works on the basis of a contingent fee, which means there is no cost unless you are successful. Find an attorney who has an excellent ability to communicate and negotiate. This will ensure that you make your claim in time before the time for filing expires.

Prescription Drugs

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

Drug manufacturers are required to thoroughly test their products and warn consumers of any risks. Unfortunately many pharmaceutical companies do not keep up with research or anticipate potential side consequences. Furthermore, doctors may prescribe dangerous medicines to their patients and women may not have adequate information about the dangers of taking certain drugs during pregnancy. These drugs, known as teratogens, can cause birth defects, including spina-bifida in the fetus.

Other substances that can cause birth defects include chemicals that are used in manufacturing and agriculture and heavy metals such as mercury that are contaminating groundwater or the air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women chemicals and substances that could affect their reproductive health and lead to birth defects.

It is important to collect as the evidence you can before filing a lawsuit against the party responsible. This includes blood tests, ultrasound images and medical bills that arose as a result of the birth defect. This helps the attorney establish the monetary worth of the case.

Product Liability

Pregnancy is one of the most exciting and nerve-wracking events in a woman's lifetime. But it's also a time when medical professionals can make mistakes that can lead to birth defects. birth defect lawyer milpitas can assist parents in submitting an appeal and gaining the money they deserve from those responsible for the handicap of their child.

Medical experts are not always able of determining the specific cause of birth defects, however most of them can be attributed to chemical or environmental exposure. This can be due to exposure by parents to toxic chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, as well as agricultural chemicals used for spraying crops and pesticides.

The manufacturers and the people who prescribe medication also have a duty to inform the public about the dangers of their products. However, a significant portion of these drugs are marketed off-label for women of childbearing age without proper warnings about the potential for birth defects. This is particularly applicable to antidepressants such 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 involving the occurrence birth defects resulting from parental exposure to toxic chemicals, including the ones used in semiconductor manufacturing and agriculture. He is a graduate of the American University in Washington, D.C., and Suffolk University Law School.

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