Notes

7 Things About Birth Defect Legal You'll Kick Yourself For Not Knowing
Birth Defect Litigation

Some injuries are out of the parents of their control. Families could be faced with huge bills when these injuries require expensive procedures and specialized care.

A New York birth defect attorney can assist parents who are in shock file an action to receive compensation for future expenses. However, the law has strict deadlines for the time a claim has to be filed.

Statute of Limitations

Modern medical technology and advances have helped to reduce risks associated with pregnancy, childbirth and birth. Birth defects and injuries do still occur. When they are preventable, families should consider their legal options.

Many birth defect lawsuits are based on allegations of medical malpractice. These cases may involve mistakes committed by nurses or doctors at any time during birth, labor and delivery procedures. Medical professionals may also be guilty of malpractice following the birth of a baby in the event that they fail to provide appropriate treatment.

In general, the statutes of limitations in these cases is 2.5 years from the date of the medical malpractice. The time limit can be extended for infants. It is important to consult a lawyer immediately to ensure that all evidence is collected, and that a timely complaint be filed.

In birth defect lawsuit omaha to medical malpractice, a suit can also be brought on behalf of an infant for birth defects caused by improper exposure to chemicals and toxic substances that take place during the mother's pregnancy. Specially trained birth defects lawyers can look into these claims and bring them to trial on behalf of the family.

When choosing an attorney to represent them in a birth injury or defect lawsuit, parents should look for the following characteristics:

Medical Malpractice

Birth defects can lead to an array of mental or physical issues. Certain birth defects can cause death. Some of these problems are inherited, while others are due to exposure to environmental factors or the usage of prescription drugs during pregnancy.

A doctor or medical professional may be accused of malpractice when they cause birth defects through their actions or inaction. These cases usually involve medical negligence during labor or delivery. They can also be a result of any act of failure to be in compliance with a standard of medical care, such as, failing to diagnose an illness or prescribing the wrong medication during pregnancy.

One example involves Teratogens. These medications can cause birth defects that are serious. When pregnant, doctors usually advise women to avoid taking this medication, which is used in the treatment of 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 handled these kinds of cases. Look for a law firm that specializes in this area, and works on the basis of a contingent fee, which means you won't have to pay a dime unless you are successful. Also, search for a lawyer with strong negotiation and communication abilities. This will ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

Many birth defects can cause mental or physical disabilities that require expensive medical treatment and accommodations for the child. Often, these conditions are genetic, but some of them may be caused by chemical or environmental exposure or medication that the mother consumed during pregnancy.

Drug makers are required to test their products properly 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. In addition, doctors can prescribe dangerous medications to their patients as well as some women do not receive the correct information regarding the dangers of taking certain medications during pregnancy. These drugs, also known as teratogens may cause birth defects such as spina-bifida, in the fetus.

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

When filing lawsuits against the people responsible for your child's condition it is crucial to gather the most evidence you can. Included in this are ultrasound images, blood tests, and medical bills that are incurred as a result. This helps the attorney establish the financial worth of the case.

Product Liability

Pregnancy is among the most exciting and nerve-wracking times in a woman's life. But it's also a period where medical professionals often make mistakes that can cause birth defects. A top attorney can help parents bring a lawsuit against those accountable for their child's handicap and receive the compensation they deserve.

Medical experts are not always able to determine the root of birth defects, however the majority of them can be caused by environmental or chemical exposure. This can be due to exposure by parents to toxic chemicals in the workplace such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used in spraying crops and pesticides.

Additionally, the manufacturers and those who prescribe prescription drugs are required to inform consumers of the dangers. A large portion of these drugs are offered to women who are pregnant, without warnings about the risk of birth defects. This is particularly applicable to 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. 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 agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.

My Website: https://vimeo.com/707212534