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How to File a Birth Defect Claim

Parents who discover their child has a congenital defect must contact a Pompano Beach birth defects lawyer immediately. In contrast to other medical malpractice claims birth defect litigation - their explanation - injury lawsuits have the benefit of a shorter statute of limitations.

In addition, many birth injuries and defects could have been avoided. Victims require compensation.

Statute of Limitations

In the United States the statutes vary from one state to another. The party who was injured could be denied damages if a legal claim is not filed within the stipulated time frame. A medical malpractice lawyer can assist in ensuring a birth injury lawsuit is filed within your state's statute of limitations.

In certain cases, an injury may take an extended 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 should have been filed. A medical malpractice lawyer who is experienced and compassionate can assist you determine if a suit for birth defects is possible before the statute of limitations expires in your state.

The first step is to identify the birth defect and connect it to the medical specialists who treated your child. Bills, receipts, Birth Defect Litigation credit card records and other records of medical treatment are crucial in this process. Attorneys can also collect information through discovery, a process which involves exchanging information with other parties. This includes taking depositions from doctors, nurses and hospital personnel.

Congenital Disabilities

Congenital disorders are structural flaws that affect the way the body appears and performs. They range from mild to severe. Some are more obvious than others, for instance the cleft palate and lips however, others are more difficult to detect.

Congenital disorders can be triggered by chromosomal and genetic anomalies or infections in the womb, injuries during delivery, environmental impacts on fetuses within the uterus, and medications that the mother takes. They can cause long-term disability and negative effect on individuals and their families, the health care system, and the wider society. They contribute to the burden of infant and child mortality.

Neural tube defects and chromosomal disorders like Down syndrome, are the leading causes of severe congenital disorders in children. Some congenital conditions are more common in certain ethnic groups, maternal age and consanguinity (parents descend from the same kinship). Other congenital diseases are caused by pharmacological or environmental influences. The degree to which a person suffering from a congenital impairment is considered disabled is determined by how severe the condition is and the body part it affects, and the extent to which it affects everyday activities.

Medical Costs

Parents of children with severe birth defects are confronted with a huge medical bill. The cost of surgery, therapy and long-term treatment for the condition and its associated effects can be a huge burden. Families can also be affected by the emotional strain of caring for a child with physical disabilities. An experienced lawyer who has handled birth defect attorney defect cases will assist victims receive the compensation they deserve.

Many congenital and genetic illnesses can be treated or prevented in utero. Doctors can misdiagnose certain conditions or fail to inform their parents of screening or tests that may have resulted in the discovery of birth defects. In these instances, parents could make a claim for wrongful life against the medical provider.

It is difficult to prove that a medical error caused a congenital condition however, a seasoned 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 once you discover or should have discovered the injury.

Lost Wages

A child born with birth defects will require a lot of medical attention, which could cost millions of dollars over their lives. This financial burden shouldn't be placed on families that didn't contribute to the condition. A qualified and empathetic Pompano Beach injury lawyer can help parents 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 investigate all the circumstances of your baby's birth defect to determine the medical professionals who assisted in the birth of your child were accountable.

A successful claim could include compensation for medical expenses, such as hospitalizations, surgeries and extended treatment and medications. Parents who have by their job to care for their child may also be entitled to lost earnings, a portion of future earnings loss or punitive damages if the manufacturer of the medication has shown a clear disregard for patient safety. Contact us today to discuss your options.

Damages

Your family will require financial compensation for medical bills, lost income, and other expenses, regardless of whether your child has an injury that is mild or severe. You will need to gather documents, including credit card transactions, receipts and bills, to prove your claim. The more you can provide the more evidence, the greater your payout.

The majority of birth defect lawsuit problems are genetic and cannot be cured. However, there are some that are due to environmental factors or medication. A doctor who prescribes a medication to a mother that increases her chances of having an abnormal birth could be held accountable for negligence.

Being a parent of a child who has an injury to their birth or a birth defect can be a devastating experience for families and parents. With the help of a Pompano Beach lawyer for birth defect attorneys defects and birth defects, you can pursue 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 Birth Defect Litigation will guide you through each step to ensure your claim is successfully filed. Call now to learn more about how they can help you.