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How to File a Birth Defect Claim

Parents who find out that their child is suffering from a congenital defect must contact a Pompano Beach birth defects lawyer immediately. Unlike some other medical malpractice lawsuits, the birth injury lawsuit has a short statute of limitations.

In addition, many birth injuries and birth defects could have been avoided. Hence, victims need compensation.

Statute of limitations

In the United States, the statutes of limitations vary from state to state. The person who suffered the injury could be barred from pursuing damages should a legal action not filed within the stipulated time frame. An attorney for medical malpractice can help ensure a birth injury lawsuit is filed within the state’s statute of limitations.

In some instances, it takes a while for an injury to manifest itself physically or develop. In these cases, it is often difficult to determine when the statute of limitations started or when it was the right time to file. A knowledgeable and compassionate medical malpractice attorney can assist you in determining whether an action for birth defects can be filed before the state’s statutes of limitations expire.

The first step to identify the birth defect is to connect it to the medical professionals who treated your child. In this process, bills as well as receipts and credit card information will be essential. Attorneys can also collect evidence through discovery which is the process of exchanging information between parties. This can include taking depositions of nurses, doctors and hospital personnel.

Congenital Disabilities

Congenital disabilities are structural issues that are present at birth and influence how the body appears or functions. They range from mild to severe. Some are more visible than others, birth defects like cleft lips or palates and others are more difficult to recognize.

Congenital disorders can be triggered due to chromosomal or genetic defects and infections in the womb, injuries during birth, environmental influences on fetuses within the uterus, or medications taken by the mother. They can lead to long-term disabilities and negative impact on people and their families, the health care system and the society. They contribute to the burden of mortality among infants and children under 5.

Neural tube defects and chromosomal diseases like Down syndrome, are among the most frequent causes of severe congenital disabilities in children. Certain congenital diseases are more common among certain ethnic groups mothers who are of the same age and parents who descend from the same lineage. Other congenital disorders are caused by environmental or pharmacological influences. If a person who has a congenital handicap is disabled is determined by the severity of the condition as well as the organ or body component it affects, and how much it affects daily life.

Medical Expenses

Families with children suffering from severe birth defects face enormous medical expenses. The cost of surgeries, therapy and ongoing treatment for the condition and its associated effects can be a huge burden. Families can also be impacted by the emotional stress of raising a child with physical disabilities. An attorney with experience in birth defect cases will assist victims get the justice they deserve.

Many congenital and genetic diseases can be prevented or treated in the uterus. Unfortunately, doctors may make mistakes in diagnosing or failing to inform parents of test results and screening results which may lead to the discovery of birth defect attorneys defects. In these instances parents may make a claim for unjustified death against the medical professional.

It is difficult to prove that a medical error caused a congenital disorder however an experienced Pompano Beach personal injury lawyer can review the evidence to determine if the claim is a possibility. Contact an attorney as soon as possible to discuss your case. You have two years from the date you found or should have had knowledge of the injury to submit a claim.

Lost Wages

A child born with birth defects will require a lot of medical attention which could cost millions of dollars throughout their lives. This financial burden shouldn’t fall on families that didn’t cause the condition. A knowledgeable and sympathetic Pompano Beach injury lawyer can help parents explore their legal options.

Our solicitors have been trained in medical negligence claims and put the best interests of clients at the center of everything they do. They will explore all of the causes of your child’s birth defect and determine whether any medical professionals involved in the delivery of your child should have been held accountable.

A successful claim could include the reimbursement of medical expenses such as hospitalizations, birth defects surgeries, extended treatment and medication. Parents who are forced to take time off to take care of their child may also be entitled for lost wages, a portion of future earnings loss or punitive damages if the pharmaceutical company displayed a blatant disregard for patient safety. Contact us today to discuss your options.

Damages

Whether your child suffers from a severe or mild birth issue, your family may require money to pay for medical bills, loss in income as well as other costs. To help prove your claim, you have to collect documents such as receipts, bills, and credit card payments. The more documents you can provide, the higher your award.

Most birth defects result from genetic causes and cannot be prevented by doctors. However, some birth defects are caused by environmental factors or medications. For example, a doctor prescribing a drug to the mother that increases the risk of a birth defect could be held liable for negligence.

A baby born with an injury from birth or a birth defect can be devastating for families and parents. With the assistance of a Pompano Beach lawyer for birth 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 lawsuit, and they can guide you through each step to make sure your claim is filed successfully. To learn more, schedule an appointment to discuss how they can help you.