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Are You Getting The Most From Your Birth Defect Legal?
Birth Defect Litigation

Some injuries are out of the parents in their control. Families could be faced with huge bills when these injuries require costly procedures and special treatment.

A New York birth defect attorney can assist parents who are grieving and file an action to receive compensation for future expenses. The law has strict time limitations for when claims can be filed.

Statute of Limitations

Modern medical technology and advances have reduced the risks associated with childbirth, pregnancy and birth. However birth defects and injuries continue to occur. When they are preventable, families must consider their legal options.

Many birth defect suits are stemming from accusations of medical malpractice. These cases could involve mistakes made by nurses or doctors at any time during the labor and birth procedures. In addition medical professionals may be guilty of medical malpractice following the birth of a baby if they fail to provide proper care.

Generally speaking, the time limit for these cases is 2.5 years from when the act was committed of medical negligence. This time period is extended for infants. It is nevertheless important to seek legal counsel immediately to ensure that all evidence is gathered and that a timely claim can be filed.

In addition to medical malpractice, a suit could also be filed on behalf of a baby for birth defects caused by improper exposure to chemicals and toxic substances that occur during a mother's pregnancy. Specially trained birth defect lawyers can investigate and pursue these claims on behalf of the family.

When choosing an attorney to represent them in a birth injury or defect lawsuit parents should consider the following qualities:

Medical Malpractice

Birth defects can cause a variety of physical and mental problems. Some of them can be fatal. Some of these issues may be genetic and others may be caused by exposure to the environment or prescription medications used during pregnancy.


A doctor or medical professional could be accused of malpractice when they cause birth defects due to their actions or inaction. These cases usually involve medical negligence during the birth or labor process. They may also involve any act of failure to be in compliance with a standard of medical care, like, failing to diagnose an illness or prescribing incorrect medication during pregnancy.

One example of situation involves a drug called teratogens. It can cause serious birth defects. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If a woman who is pregnant is exposed to this medication, she must make a claim.

It is essential to select an attorney who has handled these kinds of cases. You should seek out an attorney with expertise in this area and is based on contingency, meaning that you won't be charged anything until you win. Find an attorney who has an excellent ability to communicate and negotiate. This can help ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

Many birth defects result in physical or mental disabilities, that require expensive medical treatment and accommodations for the child. These conditions are often genetic, but can also be caused by chemical or environmental exposure or the use of medications by the mother during pregnancy.

Drug makers are required to test their products thoroughly and warn the public of the potential dangers. Sadly, some pharmaceutical companies fail to keep up with research or anticipate potential side effects. Some doctors recommend dangerous drugs to their patients. Some women aren't aware of the risks associated with taking certain medications while pregnant. These drugs are referred to as teratogens. They can cause birth defects within the fetus including spina bifida.

Other substances that can cause birth defects are the chemicals used in the agricultural and manufacturing industries, and heavy metals such as mercury that pollute groundwater and air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women chemicals and substances that can harm their reproductive health and lead to birth defects.

If you are filing lawsuits against the parties accountable for your child's condition it is essential to gather as much evidence as possible. This includes blood tests, ultrasound images, and medical bills that arose due to the birth defect. This allows the attorney to determine the value of the case.

Product Liability

Pregnancy is among the most exciting and stressful experiences in the life of a woman. However, birth defect lawsuit mobile 's also a time when many medical professionals make mistakes that can lead to birth defects. An experienced attorney can help parents in filing claims and getting the compensation they deserve from those responsible for the handicap of their child.

Medical professionals aren't always able determine the specific cause of birth defects, but most of them can be caused by environmental or chemical exposure. This could include contact from parents with toxic chemicals in the workplace, such as glycol ethers and solvents used in semiconductor manufacturing, as well as agricultural chemicals used for pesticides as well as spraying on crops.

Manufacturers and those who prescribe medication are also required to inform people about the dangers. However, a lot of these drugs are offered off-label for women of childbearing age without adequate warnings about the potential for birth defects. This is particularly the case with antidepressants such as Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. He focuses his practice on cases involving the occurrence of birth defects due to exposure of parents to toxic chemicals, such as those 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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