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5 Killer Quora Answers On Birth Defect Legal
Birth Defect Litigation

Certain injuries are beyond the parents of their control. When injuries require specialized treatment and expensive procedures, it could cause families to be faced with massive costs.

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

Statute of limitations

Modern technology and medical advancements have helped reduce the risks associated with pregnancy and childbirth. Birth defects and injuries continue to occur. Families must consider their legal options if they can be prevented.

Many birth defect lawsuits are based on allegations of medical malpractice. These lawsuits can result from mistakes made by doctors or nursing personnel at any stage of labor, pregnancy and birth. Medical professionals may also commit malpractice after the birth of a child if they fail provide proper treatment.

In general the statute of limitations for these cases is 2.5 years after the date of the medical negligence. For infants, this time period can be extended. It is important to consult an attorney whenever you can to ensure that all evidence is collected and that a timely complaint can be filed.

A lawsuit may be filed on behalf of a baby for birth defects caused by chemical and toxic exposures during pregnancy. Lawyers specially trained in birth defects can investigate and prosecute these claims on behalf of the family.

Parents should think about the following factors when choosing an attorney to represent their interests in a lawsuit filed for birth defects or injuries:

Medical Malpractice

Birth defects can cause an array of mental or physical problems. birth defect lawyer lewisville could cause death. Some of these issues may be genetic and others may be caused by exposure to environmental factors or prescription drugs taken during pregnancy.


A doctor or medical professional may be accused of malpractice when they cause birth defects by their actions or inaction. These cases typically involve medical negligence during labor or delivery. However, they could also include any act or failure to act that falls short of a medical standard of care, such as not diagnosing a medical condition or prescribing the wrong medication during pregnancy.

One such type of case involves a medication known as teratogens, which could cause serious birth defects. Doctors usually advise women not to take this medication during pregnancy. It is used to treat seizures. If women are exposed to the drug she must make an insurance claim.

It is essential to select an attorney who has handled these kinds of cases. You should choose an attorney with extensive experience in this field. It also works on contingency, so you won't be charged nothing until you win. Look for an attorney with excellent communication and negotiation skills. This will help to ensure that you make your claim in time before the statute of limitation expires.

Prescription Drugs

Many birth defects result in physical or mental disabilities that require costly medical treatment and accommodations for the child. The majority of these problems are inherited, but a few of them are caused by chemical or environmental exposure or medication that the mother took during pregnancy.

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

Other substances that can cause birth defects are the chemicals used in the agricultural and manufacturing industries, as well as heavy metals such as mercury that affect groundwater or the air. Diane Paolicelli's legal career is dedicated to fighting powerful corporations that expose women to toxic chemicals and substances that could damage their reproductive health or lead to birth defects.

It is important to collect as all evidence you can before making a claim against the responsible parties. This includes blood tests, ultrasound images, and medical bills that arose as a result of the birth defect. This information helps the attorney determine the value of the case.

Product Liability

Pregnancy is among the most exciting and nerve-wracking experiences a woman can go through in her life. It's also a time where many medical professionals make mistakes that could lead to birth defects. A top attorney can assist parents in filing a claim and obtaining the money they deserve from the people responsible for the disabilities of their child.

Although the causes of birth defects are generally not understood by medical professionals, a significant number can be linked to exposure to chemicals or environmental factors. This may include contact by parents with toxic chemicals at the workplace, like solvents and glycol ethers used in semiconductor manufacturing, as well as agricultural chemicals used for pesticides as well as spraying crops.

The pharmaceutical companies and those who prescribe medicines must also warn the public about the dangers of their products. Yet, a large percentage of these drugs are sold off-label for women of childbearing age without warnings regarding the possibility of birth defects. This is particularly true for antidepressants like 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 result from exposure to toxic chemicals by parents, such as those used in semiconductor manufacturing or agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.

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