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Birth Defect Litigation

Parents want perfect children however, there are some injuries that occur outside of their control. Families may be left with a huge bill when injuries require costly procedures and special treatment.

A New York birth defect attorney can assist parents shocked to file an action to receive compensation for future expenses. However, the law imposes strict time limitations on when a claim should be filed.

Statute of Limitations

Modern medical technology and advances have reduced the risks that are associated with childbirth, pregnancy and birth. Birth defects and injuries do persist. If they can be prevented, families need to explore their legal options.

Many birth defect suits are founded on claims of medical malpractice. These lawsuits can result from mistakes committed by nurses or doctors staff at any time during the birth process, including labor and pregnancy. In addition medical professionals could be guilty of medical malpractice after a child's birth in the event that they fail to provide proper care.

In general, the statutes of limitations in these cases is 2.5 years after the date of the medical negligence. For birth defect attorney washington , this time period may be extended. However, it is essential to seek legal counsel as soon as possible to ensure that all evidence is gathered and that a timely claim be filed.

In addition to medical malpractice, a suit can also be brought on behalf of a baby for birth defects caused by wrongful toxic and chemical exposures that occur during a mother's pregnancy. Specially trained birth defect lawyers can investigate and defend 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 characteristics:

Medical Malpractice

Birth defects can trigger numerous mental or physical ailments. Some of them could be fatal. Some of these issues are genetic, but others are due to environmental exposures or the use of prescribed drugs during pregnancy.

A doctor or medical professional could be accused of malpractice when they cause birth defects as a result of their actions or inaction. The most common cases involve medical negligence during labor or delivery. They also encompass any other act which falls below a standard of medical care, like failing to recognize an illness or prescribing the wrong medication during pregnancy.

One example of situation involves a drug known as teratogens, which could cause birth defects that are serious. Doctors typically advise women not to take this medication during pregnancy. It is used to treat seizures. If an individual is exposed to the drug, then she should make an insurance claim.

It is vital to choose an attorney with previous experience in these cases. Choose a law firm that specializes in this field and operates on an on a contingency basis, meaning there is no cost unless you are successful. Additionally, you should choose a lawyer who has excellent communication and negotiation abilities. This will ensure that you file your claim before the statute of limitation expires.

Prescription Drugs

Many birth defects lead to mental or physical disabilities, which require costly medical care and accommodations for the child. The majority of these problems are genetic, but some can be caused by environmental or chemical exposure, or by medications the mother took while pregnant.

Pharmaceutical manufacturers are required to test their products thoroughly and warn consumers about any potential risks. Unfortunately some pharmaceutical companies are not keeping up with the latest research or fail to anticipate possible side consequences. Some doctors recommend dangerous drugs to their patients. Some women aren't aware of the dangers associated with taking certain medications while pregnant. These drugs, known as teratogens, can cause birth defects such as spina-bifida, in the fetus.

Other substances that can cause birth defects are chemicals used in the agricultural and manufacturing industries, as well as heavy metals such as mercury that contaminate air or groundwater. 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 cause birth defects.

If you decide to file lawsuits against the parties that are accountable for your child's health, it is important to gather as much evidence as you can. Included in this are ultrasound images, blood tests, and medical bills incurred as a result. This information can help the attorney determine the value of the case.

Product Liability

Pregnancy is among the most exciting, and stressful experiences in women's lives. It's also the time that many medical professionals can make mistakes that can lead to birth defects. A top lawyer can assist parents in filing an action and obtaining the compensation they deserve against those responsible for the handicap of their child.

Medical professionals aren't always able to pinpoint the causes of birth defects, but the majority of them can be due to environmental or chemical exposure. This could include exposure of parents to toxic chemicals in the workplace such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used in crop spraying and pesticides.


In addition, manufacturers and the people who prescribe prescription medications must inform people of their risks. A majority of these drugs are marketed to women who are pregnant without warnings of the possibility of birth defects. This is particularly applicable to antidepressants, such as Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. His practice is centered around cases where birth defects are caused by exposure to toxic chemicals by parents like those used in semiconductor manufacturing or agricultural. He graduated of the American University in Washington, D.C. and Suffolk University Law School.

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