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Birth Defects Caused By Chemical Exposure: Common FAQs

When a baby is born with a birth defect, there can be a list of factors involved. In some cases, chemical exposure during pregnancy may be to blame.

Can you file a birth defect lawsuit if the defect was caused by chemical exposure during pregnancy? 

Every situation is unique when it comes to birth defects related to chemical exposure during pregnancy. Therefore, some parents will have a logical lawsuit and some will not. For example, if a pregnant mother was exposed to a chemical by her own doing in spite of warnings on a product, there may be no grounds for a lawsuit. However, if a pregnant mother was exposed to chemicals due to the negligence of another party or entity, there may be grounds for a lawsuit. For instance, if the mother purchased a household product that had toxic chemicals in it and there was no warning on the label about exposure during pregnancy, the parents may be able to file a lawsuit against the product manufacturer if exposure caused a defect at birth. 

What if you are unsure of what type of exposure caused the defect?

Some doctors are not even familiar enough with birth defects caused by chemical exposure to know what has caused the defect to occur. If your child was born with a birth defect and you suspect toxic chemical exposure during pregnancy is to blame, talk to a birth defect attorney for help. Since these attorneys work with parents in similar situations on a regular basis, they often have more insight into what type of chemical caused the issue. Additionally, the attorney can get you in touch with a medical professional who can do the proper testing to get a definitive answer about what chemical caused the issue. 

How long after the baby is born can you file a lawsuit?

It is not uncommon for parents of a child with a birth defect to not immediately know what caused a problem. Therefore, you may not realize that you need to file a lawsuit until some time after your child is born. How long you have to file a claim will depend on the state where you live; every state has its own statute of limitations on birth defect claims. For example, in the state of Kentucky, parents have a year from the date of the injury to file a birth injury claim or up to five years if the injury or defect is not discovered within that year. 

To learn more, contact a birth defect lawyer.