Notes

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

Parents want perfect babies However, some injuries occur out of their control. Families are left with huge debts when these injuries require expensive procedures and special care.

A New York birth defect lawyer can help stunned parents file a claim and get compensation to cover future expenses. The law has strict deadlines on when a claim can be filed.

Statute of limitations

Modern technology and medical advancements have helped to reduce risks that are associated with childbirth, pregnancy and birth. Birth defects and injuries still occur. If they can be prevented, families must explore their legal options.

Many birth defect lawsuits are based upon allegations of medical malpractice. These cases can involve mistakes committed by nurses or doctors staff at any point during labor, pregnancy and birth. In addition medical professionals could be guilty of medical malpractice following a child's birth if they fail to provide proper care.

Generally, the time limit for these cases is 2.5 years from the date of the occurrence of medical malpractice. This time period is extended for infants. But, it is crucial to seek legal counsel immediately to ensure that all evidence has been collected and that a timely claim can be filed.


A lawsuit may be filed on behalf of a baby for birth defects caused by toxic and chemical exposures during the pregnancy. Specially trained birth defect lawyers can look into these claims and pursue them on behalf of the family.

Parents should be aware of the following factors when choosing an attorney to represent them in a lawsuit for birth defect or injury:

Medical Malpractice

Birth defects can lead to various physical and mental problems. Certain birth defects could cause death. Some of these problems are genetic, but others are caused by environmental exposures or the use of prescription medications during pregnancy.

Medical professionals or doctors could be convicted of malpractice when they cause birth defects through their actions or inaction. These cases usually are based on medical negligence in delivery or labor. However, they could also comprise any act or failure to act that is in violation of a medical standard of care, like not diagnosing a medical condition or prescribing the wrong medicine during pregnancy.

One example involves the teratogens. These drugs can cause serious birth defects. Doctors usually advise women not to take this medication during pregnancy. It is used to treat seizures. If a pregnant woman is exposed to this medication, she must make a claim.

It is crucial to select an attorney with experience in these types of cases. Look for a law firm that is experienced in this field and operates on an hourly basis, which means you won't have to pay a dime unless you get the case won. Also, search for a lawyer with strong communication and negotiation abilities. birth defect attorney orange will help ensure that you submit your claim before the statute of limitation expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities that require costly medical treatment and accommodations for the child. Most often, these disorders are genetic, but some of them are caused by chemical or environmental exposure, or the medications the mother took while pregnant.

Drug makers are required to test their products thoroughly and warn the public of any risks that could be present. Unfortunately, some pharmaceutical companies are not keeping up with the latest research or fail to anticipate possible adverse consequences. Some doctors recommend dangerous drugs to their patients, and some women are not aware of the dangers associated with taking certain medications while pregnant. These medications, also known as teratogens, can cause birth defects, like spina-bifida that can occur in the fetus.

Other substances that can cause birth defects are chemicals used in manufacturing and agriculture, as well as heavy metals such as mercury, which are contaminating the air or groundwater. Diane Paolicelli's career in law has been focused on combating powerful corporations that expose women to toxic chemicals and substances that may damage their reproductive health or lead to birth defects.

It is essential to gather as much evidence as you can before filing a lawsuit against the responsible parties. Included in this are any ultrasound images or blood tests, as well as medical bills that are incurred due to. This allows the attorney to determine the monetary value of the case.

Product Liability

Pregnancy is one of the most exciting and nerve-wracking moments in a woman's life. But it's also a period where many medical professionals make mistakes that can cause birth defects. A top lawyer can help parents to file a claim against the medical professionals responsible for their child's disability and acquire the justice they deserve.

Medical professionals aren't always able to determine the exact cause of birth defects, however the majority of them can be attributed to chemical or environmental exposure. This can include parental exposure to toxic chemicals at work, such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used for pesticides and crop spraying.

Manufacturers and those who prescribe medications are also obliged to inform people about the dangers. Yet, a large percentage of these drugs are offered off-label to women who are pregnant age without warnings regarding the possibility of birth defects. This is particularly relevant for antidepressants like Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. His practice focuses on cases involving the development of birth defects resulting from exposure of parents to toxic chemicals, such as those used in semiconductor manufacturing and agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.

Read More: https://vimeo.com/707213134