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How to File a Birth Defect Claim

Parents who find out that their child suffers from a congenital defect should consult a Pompano Beach birth defect lawyer immediately. Birth injury lawsuits are subject to a shorter period of limitations than other medical malpractice claims.

In addition, many birth injuries and defects could have been prevented. Thus, victims should be compensated.

Statute of Limitations

In the United States the statutes vary between states. A legal claim must be filed within this period or the injured party may not be able to recover damages. A medical malpractice lawyer can make sure that a suit for birth injuries is filed within the statute of limitations in your state.





In some cases, an injury may take some time to manifest physically or develop. In these instances it is often difficult to determine when the statute of limitation began or when a lawsuit ought to have been filed. A medical malpractice lawyer who is proficient and compassionate will help you determine if a suit for birth defects can be filed before the statute of limitations expires in your state.

The first step is to determine the birth defect and connect it to the medical professionals who treated your child. Bills, receipts, credit card records and other documentation of medical treatment are important in this process. Attorneys can also collect evidence through discovery that is the process of sharing information between parties. This may include taking depositions of nurses, doctors and hospital staff.

Congenital Disabilities

Congenital disorders are structural flaws that occur at birth and affect how the body looks or performs. From mild to severe, they can affect the body in a variety of ways. Some are more visible than others, such as mouth or palate clefts some are more difficult to recognize.

Congenital diseases can be caused by chromosomal or genetic abnormalities and infections in the womb, trauma during birth, environmental influences on fetuses in the uterus, and medications that the mother takes. They cause long-term disability, which affects families, individuals as well as health care systems and societies. They contribute to the high mortality rate of infants and children aged less than 5.

The leading causes of severe congenital disability in children are neural tube defects as well as chromosomal issues like Down syndrome. Some congenital conditions are more common in certain ethnic groups, maternal age and consanguinity (parents descend from the same kinship). Some are unintentionally occurring or related to pharmacological or environmental factors. The degree of the congenital disorder the organs or body parts it affects, as as the degree to which it affects in daily life, will determine whether a person is considered disabled.

Medical expenses

Families with children suffering from severe birth defects face enormous medical expenses. This includes the cost of a lifetime of treatment, therapy and surgery for the condition and its resulting negative side effects. birth defect attorney anchorage can also be impacted by the emotional strain of raising a child suffering from physical impairment. A knowledgeable lawyer with experience in birth defect cases can help victims receive the compensation they deserve for their losses.

Many congenital and genetic disorders can be treated or prevented in the uterus. Unfortunately, doctors may miss-diagnose or fail to inform parents of tests and screening results which may lead to the discovery of an anomaly in the birth. In these instances, parents can bring a lawsuit for wrongful death against the medical provider.

While it is difficult to prove that a medical error caused a congenital disorder, a seasoned Pompano Beach injury lawyer will evaluate the evidence to determine if a claim is viable. Contact a lawyer as soon as possible to discuss your case. You have two years from the time you discovered or should have been aware of the injury to file a claim.

Lost Wages

A child born with birth defects will require extensive medical care which could cost millions of dollars throughout their lives. It's unfair that this financial burden should be placed on families who didn't cause the condition. A knowledgeable and compassionate Pompano Beach injury lawyer can assist parents to explore their legal options.

Our lawyers are well-trained in medical malpractice cases and always ensure that the best interests of the client are first. They will examine all circumstances that led to your baby's birth defect to determine if any medical professionals involved in the delivery of your child are accountable.

A successful claim could include reimbursement for medical expenses like hospitalizations and surgeries, extended treatments, and medication. It could also include lost wages for parents who have to work to care for their children, a portion of future lost earnings, and punitive damages if the drug manufacturer displayed a blatant disregard for patient safety. Contact us now to discuss your options, without obligation.

Damages

If your child is suffering from a severe or mild birth defect, your family needs an amount of money to cover medical bills, loss of income and other costs. You'll need to gather documents, such as credit card transactions, receipts and bills, to prove your claim. The more information you are able to provide, the higher your award.

Most birth defects are genetic and cannot be avoided. Some birth defects are caused by environmental factors or medication. For instance, a physician prescribing a medicine to the mother that increases the risk of a birth defect can be held liable for negligence.

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