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Birth Defect Litigation

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

A New York birth defect lawyer can assist parents who are stunned to file an action and receive compensation to pay for future expenses. However, the law places strict deadlines when a claim should be filed.

Statute of Limitations

Modern technology and medical advances have helped to reduce the risks associated with pregnancy and childbirth. Birth defects and injuries remain a possibility. Families must consider their legal options when they can be prevented.

Many birth defect lawsuits are based on allegations of medical malpractice. These cases may involve mistakes committed by nurses or doctors at any point in the pregnancy, 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 statute of limitation for these cases is 2.5 years from the date of the medical malpractice. The time frame can be extended for infants. However, it is important to seek legal counsel immediately to ensure that all evidence is collected and that a timely claim be filed.

In addition to medical malpractice, a lawsuit can also be filed on behalf of a baby for birth defects resulting from improper exposure to chemicals and toxic substances that occur during a mother's pregnancy. Specially trained birth defect lawyers can investigate these claims and bring them to trial on behalf of the family.

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

Medical Malpractice

Birth defects can trigger numerous mental or physical ailments. Certain birth defects can be fatal. Some of these problems are inherited, while others are due to exposure to the environment or the use of prescription drugs during pregnancy.

Medical professionals or doctors can be accused of negligence when they cause birth defects due to their actions or inaction. birth defect law firm oxnard involve medical negligence during labor or delivery. However, they could also include any act or failure to act in excess of the medical standard of care, like failing to recognize a medical issue or prescribing the wrong medication during pregnancy.

One instance of case involves a medication known as teratogens, which could cause birth defects that are serious. Doctors typically advise women to take this medication during pregnancy. It is used to treat seizures. If an individual is exposed to the drug then she should file an action.

It is important that you select an attorney with previous experience in these cases. You should seek out a firm that has extensive experience in this field. It also works on contingency, so you won't have to pay nothing until you win. Look for an attorney with an excellent ability to communicate and negotiate. This will help ensure that your claim is filed before the time limit expires.

Prescription Drugs

Many birth defects lead to physical or mental disabilities, that require costly medical treatment and accommodations for the child. Often, these conditions are genetic, but some can be caused by chemical or environmental exposure or medication that the mother took while pregnant.





Drug manufacturers are required to adequately test their products and inform consumers of any risks. Unfortunately many pharmaceutical companies fail to keep up with research or anticipate the potential adverse effects. Some doctors recommend dangerous drugs to their patients and some women aren't aware of the risks of taking certain medications during pregnancy. These drugs, referred to as teratogens, can cause birth defects such as spina-bifida, which is a birth defect in the fe.

Other substances that could cause birth defects are chemicals used in the agricultural and manufacturing industries, and heavy metals like mercury which can contaminate groundwater or air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women to toxic chemicals and substances that could harm their reproductive health and cause birth defects.

When filing lawsuits against the parties accountable for your child's condition It is crucial to gather the most evidence you can. This includes ultrasound scans, blood tests and medical bills that came up due to the birth defect. This information assists the attorney to determine the worth of the case.

Product Liability

Pregnancy is among the most exciting, and nerve-wracking experiences in the life of a woman. But it's also a period where medical professionals often make mistakes that could lead to birth defects. An experienced attorney can help parents in filing an appeal and gaining the compensation they deserve against the people responsible for the disabilities of their child.

Medical experts are not always able of determining the root of birth defects, however a large number can be attributable to environmental or chemical exposure. This can include exposure by parents to toxic chemicals at work such as solvents and glycol ethers in semiconductor manufacturing, as well as agricultural chemicals used in spraying crops and pesticides.

Furthermore, manufacturers and those who prescribe prescription drugs have a responsibility to inform patients of the risks. A significant portion of these drugs are offered to pregnant women without warnings of the possibility of birth defect. This is particularly true 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. He concentrates his practice on cases involving the development of birth defects caused by parental exposure to toxic chemicals, which includes those in semiconductor manufacturing and agriculture. He is a graduate of the American University in Washington, D.C., and Suffolk University Law School.