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How to File a Birth Defect Claim

Parents who find out that their child has a congenital defect should consult a Pompano Beach birth defect lawyer immediately. Unlike some other medical malpractice lawsuits, birth injury lawsuits have the benefit of a shorter statute of limitations.

In addition, many birth injuries and birth defects could have been prevented. Therefore, victims deserve compensation.

Statute of limitations

In the United States the statutes vary from one state to the next. A legal claim must be filed within this time frame otherwise the injured party might not be able to claim damages. A medical malpractice lawyer will ensure that a birth injury suit is filed within the time limit set by the statute of limitations in your state.

In certain cases, an injury may take a long time to manifest physically or develop. In these instances it is usually difficult to determine when the statute of limitations began or when it was the right time to file. A skilled and sympathetic medical malpractice attorney will help you determine if a birth defect lawsuit can be filed before your state's statute of limitations runs out.

The first step is identifying the birth defect and connect it to the medical experts who treated your child. For this, the bills or receipts as well as credit card records will be crucial. Attorneys can also collect information through discovery, a procedure that involves sharing information with other parties. This can include taking depositions from nurses, doctors and hospital personnel.

Congenital Disabilities

Congenital disorders are structural flaws that occur at birth and affect how the body looks or functions. From mild to serious they can impact the body in various ways. Some are more visible than others, like the cleft palate or lips some are more difficult to identify.

Congenital disorders can be caused by genetic or other chromosomal anomalies. They may also be caused by infection in the womb during delivery trauma, environmental influences, and medication taken by mothers. They can cause long-term disability which affects individuals, families as well as health care systems and societies. They are a major cause of neonatal and under-5 mortality.

The most common causes of severe congenital disabilities in children are neural tube defects as well as chromosomal issues, such as Down syndrome. Certain congenital disorders are more prevalent in certain ethnic groups, maternal age and consanguinity (parents descend from the same kinship). Others are caused by a natural process or are caused by pharmacological or environmental factors. What determines if a person with a congenital disability is considered disabled depends on how severe the condition is, which organ or body component it affects, and how much it affects daily life.

Medical Expenses

Families who have children with severe birth defects are confronted with massive medical costs. This includes the cost of permanent treatment with therapy and surgery to treat the condition and its resulting negative side effects. Families can also be impacted by the emotional strain of raising a child suffering from physical impairment. A lawyer with experience in birth defect cases will assist victims get the justice they deserved.

A number of congenital and genetic disorders are treatable or preventable the uterus. However, doctors can misdiagnose or fail to inform parents of test results and screening results which may lead to the discovery of birth defects. In these cases, the parents may bring a wrongful death claim against the medical professional.

It's difficult to prove that a medical error caused a congenital disorder but a skilled Pompano Beach personal injury lawyer can assess the evidence to determine whether the claim is a possibility. Get in touch with a lawyer today to discuss your case. You have two years to file a claim after you discover or discovered the injury.

Lost Wages

A child born with a birth defect could require extensive medical treatment, which can cost millions throughout their lives. It's unjust that this financial burden should be imposed on families that didn't cause the condition. A knowledgeable and compassionate Pompano Beach injury lawyer can assist parents to explore their legal options.

Our lawyers are highly trained in medical malpractice claims and always ensure that the best interests of the client are first. They will examine all of the factors that led to the birth defect of your child and determine whether any medical professionals involved in the child's birth should have been held accountable.

A successful claim could include compensation for medical expenses such as hospitalizations, surgeries, prolonged treatment and medication. Parents who are forced by their job to take care of their children may also be entitled to lost wages, a portion of future lost earnings, or punitive damages if the pharmaceutical company did not take the proper precautions to ensure the safety of patients. Contact us now to discuss your options without obligation.

Damages

If your child is suffering from an unintentional or severe birth defect, your family needs money to pay for medical expenses, loss of income as well as other costs. To support your claim, it is necessary to gather evidence such as receipts, bills and credit card payment. The more information you are able to provide the more evidence, the greater your payout.

The majority of birth problems are genetic and are not preventable. Certain birth defect lawsuit defects are caused by environmental factors or medications. A doctor who prescribes medication to a mother that increases her chances of having an abnormal birth could be held liable for negligence.

A baby born with an injury to their birth or a birth defect can be devastating for parents and families. With the help of a Pompano Beach lawyer for birth defects, you can seek justice for your family. You can also ensure that negligent doctors will be held accountable. The team at Menzer Law understands the difficulties of a medical malpractice lawsuit and can help you through each step to make sure you file your claim in a timely manner. Set up a consultation today to learn more about how they can assist you.