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The Biggest Issue With Birth Defect Legal, And How You Can Fix It
Birth Defect Litigation

Some injuries are out of the parents' control. Families are left with a huge bill when injuries require costly procedures and special attention.

A New York birth defect attorney can assist parents who are shocked to file a claim to get compensation for future expenses. However, the law imposes strict time limitations on the time a claim has to be filed.

Statute of limitations

Modern technology and medical advancements have helped reduce the risks that come with childbirth and pregnancy. Birth defects and injuries continue to occur. If they're preventable families should consider their legal options.

Many birth defect lawsuits stem from allegations of medical malpractice. These lawsuits can be based on mistakes made by nurses or doctors at any time during birth, labor and delivery processes. Medical professionals can also be guilty of malpractice following the birth of a baby when they fail to provide the proper treatment.

In general the statute of limitation for these cases is 2.5 years from the date of the medical error. For infants, the time period can be extended. However, it is important to seek legal counsel as soon as possible to ensure that all evidence has been collected and that a timely claim be filed.

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

Parents should be aware of the following aspects when choosing an attorney to represent their interests in a lawsuit filed for birth defects or birth injuries:

Medical Malpractice

Birth defects can cause a variety of mental and physical ailments. Some may even be fatal. Some of these issues are genetic, but others are due to exposure to the environment or the use of prescription medications during pregnancy.

Medical professionals or doctors can be accused of negligence when they cause birth defects by their actions or inaction. These cases usually involve medical negligence during labor or delivery. They can also include any act of failure to act which falls below a standard of medical care, like, failing to diagnose an illness or prescribing incorrect medication during pregnancy.

One example of this type of situation involves a drug called teratogens. This medication can cause serious birth defects. Doctors usually 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 file an insurance claim.


It is important to select an attorney who has handled these kinds of cases. You should seek out an attorney with years of experience in this field and is based on contingency, meaning that you won't be charged nothing until you win. Also, search for a lawyer with strong negotiation and communication skills. This will ensure that you make your claim in time before the statute of limitation expires.

Prescription Drugs

Many birth defects cause physical or mental disabilities, that require costly medical treatment and accommodations for the child. Most often, these disorders are genetically inherited, but some can be caused by chemical or environmental exposure or medication that the mother was taking during pregnancy.

Pharmaceutical companies are required to ensure that their products are tested properly and inform the public about the potential dangers. Unfortunately some pharmaceutical companies do not keep up-to-date with current research or fail to anticipate potential adverse consequences. Some doctors prescribe dangerous drugs to their patients. Some women are not informed about the risks associated with using certain drugs during pregnancy. These drugs are known as teratogens. They may cause birth defects in the fetus, including spina Bifida.

Other substances that may cause birth defects are chemicals used in agriculture and manufacturing in addition to heavy metals, like mercury that are contaminating groundwater and air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women to toxic chemicals and substances that can cause harm to their reproductive health and cause birth defects.

When bringing lawsuits against the parties responsible for your child's condition it is essential to gather as much evidence as you can. This includes any ultrasound images, blood tests, and medical bills that arise because of the birth defect. This assists the attorney in determining the financial worth of the case.

Product Liability

Pregnancy can be one of the most exciting, and nerve-wracking experiences in a woman's lifetime. However, it's also a time where many medical professionals make mistakes that can cause birth defects. A top lawyer can help parents file a claim against those responsible for their child's condition and receive the justice they deserve.

Although the causes of birth defects are often unknown to medical professionals however, a significant proportion are linked to environmental or chemical exposure. This could include contact from parents with toxic chemicals at the workplace, like glycol ethers and solvents that are used in semiconductor manufacturing, as well as agricultural chemicals used for pesticides and spraying crops.

Furthermore, manufacturers and those who prescribe prescription medicines have a responsibility to warn people about the risks. A significant portion of these drugs are marketed to pregnant women without warnings of the potential for birth defect. This is especially relevant for antidepressants like Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. birth defect law firm new britain concentrates his practice on cases involving the occurrence birth defects caused by parental exposure to toxic chemicals, such as those in semiconductor manufacturing and agriculture. He is a graduate from the American University in Washington, D.C. as well as Suffolk University Law School.

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