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How to File a Birth Defect Claim

Parents who discover that your child has a congenital defect should consult a Pompano Beach birth defects lawyer right away. Unlike some other medical malpractice lawsuits, a birth injury lawsuit is subject to limited time limits.

In addition, many birth defects and injuries could have been prevented. Victims of abuse need compensation.

Statute of limitations

In the United States the statutes vary from one state to another. The injured party may be unable to recover damages should a legal action not filed within a specified time period. An attorney for medical malpractice can help ensure the birth injury lawsuit is filed within the state's statute of limitations.

In certain cases it can take a long time for an injury to manifest itself physically or develop. In these instances it is usually difficult to determine when the statute of limitations began or when it should have been filed. A medical malpractice lawyer who is knowledgeable and compassionate can help determine if a lawsuit involving 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 specialists who treated your child. The receipts, bills as well as credit card records as well as other documentation of medical treatments will be crucial in this process. Attorneys can also collect information through discovery, a process that involves sharing information with other parties. This includes taking depositions from doctors, nurses and hospital personnel.

Congenital Disabilities

Congenital disabilities are structural defects which can affect how the body appears and functions. From mild to serious, they can affect the body in a variety of ways. Some are more obvious than others, like cleft lips or palates, while others are more difficult to recognize.

Congenital diseases can be caused by chromosomal or genetic abnormalities, infection in the womb, injuries during birth, environmental influences on fetuses within the uterus, or medications used by the mother. They can cause long-term disabilities and have a negative effect on individuals as well as their families, the health care system as well as the general public. They contribute to the high mortality of newborns and children less than five.

Neural tube defects and chromosomal disorders, such as Down syndrome, are among the most prevalent causes of severe congenital disorders in children. Some congenital conditions are more prevalent in certain ethnic groups, due to maternal age and consanguinity (parents descend from the same kinship). Other congenital conditions are caused by pharmacological or environmental influences. The degree of the congenital disability and the organs or body parts it affects, as well as how much it hinders in daily life, will determine whether the person is disabled.

Medical expense

Families with children who suffer from severe birth defects are faced with huge medical costs. This includes the cost of permanent treatment, therapy and surgery for the condition and its resulting negative side effects. The stress of caring for physically impaired children can also take its toll on families. An attorney with experience in birth defect cases will assist victims get the money they are due.

Many genetic and congenital diseases can be treated or prevented in the uterus. Unfortunately, doctors often do not recognize or inform parents of test and screening results which could lead to the discovery of an anomaly in the birth. In these instances parents may be able to bring a lawsuit for wrongful death against the medical provider.

While it is difficult to prove that a medical error resulted in a congenital impairment, an experienced Pompano Beach injury lawyer can evaluate the evidence and determine if a claim can be viable. Contact a lawyer right away to discuss your case. You have two years from the time you were notified or known about the injury to submit a claim.

Lost Wages

A child born with an anomaly in the birth will likely require extensive medical treatment that could cost millions throughout their life. This financial burden shouldn't be imposed on families that did not cause the condition. A Pompano Beach injury lawyer who is qualified and sympathetic can assist parents to explore legal options.

Our lawyers are well-trained in medical malpractice cases and always put the client's best interests first. They will examine all of the circumstances surrounding the birth defect in your child and determine if any medical experts involved in the delivery of your child should have been held accountable.

A successful claim can include compensation for medical expenses such as hospitalizations, surgeries, prolonged treatment and medication. It may also cover lost earnings for parents who have to leave work to care for their children, a percentage of future lost earnings and punitive damages where the drug manufacturer showed a blatant disregard for patient safety. Contact us today to discuss your options.

Damages

Your family will require monetary compensation for medical expenses, lost income and other expenses, regardless of whether your child suffers from a serious or mild defect. You'll need documents, such as credit card receipts, payments made with a credit card and bills, to support your claim. The more evidence you are able to provide, the greater your payout will be greater.





The majority of birth defects are genetic in nature and are not preventable. Some birth defects are caused by environmental factors or medications. A doctor who prescribes a medication to a mother that increases her risk of having an ailment during birth could be held accountable for negligent.

birth defect lawyer downey born with an injury or birth defect can be devastating for parents and their families. However, with the help of a Pompano Beach birth defect lawyer who can help you seek justice for your family and ensure that negligent doctors are accountable. The team at Menzer Law understands the difficulties of a medical malpractice case, and they can guide you through each step to ensure your claim is filed successfully. Set up a consultation now to learn more about how they can assist you.