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Birth Defect Litigation

Parents want perfect children, but some injuries happen beyond their control. Families are left with a huge bill when injuries require costly procedures and special attention.

A New York birth defect lawyer can assist parents who are stunned to file a claim and get compensation to pay for future expenses. The law has strict deadlines on when a claim may be filed.

Statute of Limitations

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





Many birth defect lawsuits are based on accusations of medical malpractice. These lawsuits can be based on mistakes made by doctors or nurses at any point during the labor and delivery procedures. In addition, medical professionals can commit medical malpractice following the birth of a baby when they fail to provide proper care.

Generally, the time-limit for these cases is 2.5 years from the date of the act of medical negligence. This time period is extended for infants. It is nevertheless important to seek legal advice as soon as possible to ensure that all evidence is obtained and that a timely claim can be filed.

In addition to medical malpractice, a lawsuit can also be filed on behalf of a baby for birth defects that result from wrongful toxic and chemical exposures that take place during the 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 defect or birth injury lawsuit parents should be looking for the following qualities:

Medical Malpractice

Birth defects can lead to various physical and mental problems. Some birth defects may be fatal. Some of these issues are inherited, whereas others are caused by exposure to the environment or the use of prescription drugs during pregnancy.

Medical professionals or doctors could be convicted of malpractice when they cause birth defects due to their actions or inaction. Most cases involve medical negligence during the birth or labor process. They may also involve any act of failure to act which falls below a standard of medical care, for example not diagnosing an illness or prescribing the wrong medication during pregnancy.

One instance of situation involves a drug 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 a pregnant woman is exposed to this drug, she should file an insurance claim.

It is crucial to select an attorney with previous experience in these cases. Look for a law firm that specializes in this area and works on the basis of a contingent fee, which means you won't have to pay a dime unless you get the case won. Look for an attorney who has great negotiation and communication skills. This can help ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities that require expensive medical treatment and accommodations for the child. Often, these conditions are genetic, but some of them may be caused by environmental or chemical exposure, or the medications the mother was taking during pregnancy.

Pharmaceutical manufacturers are required to ensure that their products are tested properly and warn consumers of any potential risks. Unfortunately certain pharmaceutical companies don't keep up-to-date with current research or fail to anticipate possible adverse effects. Certain doctors prescribe dangerous medications to their patients. Some women are not aware of the dangers associated with taking certain drugs while pregnant. These drugs, also known as teratogens may cause birth defects, like spina-bifida in the fetus.

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

When filing lawsuits against the people that are accountable for your child's health it is crucial to gather the most evidence you can. This includes any ultrasound scans, blood tests, and medical bills that arose as a result of the birth defect. This will help the attorney determine the financial value of the case.

Product Liability

Pregnancy can be one of the most exciting and stressful experiences in a woman's lifetime. But it's also a time where many medical professionals make mistakes that could cause birth defects. An experienced attorney can help parents in submitting claims and getting the compensation they deserve from those who are responsible for the impairment of their child.

While the causes of birth defects are generally unknown to medical experts however, a significant proportion are linked to environmental or chemical exposure. This can be due to exposure by parents to harmful chemicals at work, such as glycol ethers and solvents in semiconductor manufacturing, as well as agricultural chemicals used for spraying for crops and pesticides.

birth defect attorneys fremont and those who prescribe medication are also obliged to inform the public about the dangers of their products. A large number of these drugs is marketed to women who are pregnant without warnings of the possibility of birth defects. This is especially the case with antidepressants such as Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defects lawsuits against chemical and pharmaceutical companies. He focuses his practice on cases involving the occurrence birth defects due to parental exposure to toxic chemicals, including the ones used in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.