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How to File a Birth Defect Claim

Parents who find out that their child suffers from an abnormality that is congenital should contact a Pompano Beach birth defect lawyer right away. A birth injury lawsuit is limited to a shorter duration of limitations than other medical malpractice lawsuits.

Moreover, many birth defects or injuries could have been prevented. Therefore, victims deserve 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 if a legal claim is not filed within the stipulated time period. A medical malpractice lawyer can ensure that a birth injury suit is filed within the statute of limitations in your state.

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

The first step is to identify the birth defect and link it to the medical professionals who treated your child. The receipts, bills credit card information and other documentation of medical treatments will be crucial in this process. Attorneys can also collect information through discovery, a process that involves exchanging information with different parties. This can include taking depositions from doctors, nurses and hospital staff.

Congenital Disabilities

Congenital disabilities are structural issues present at birth and can affect how the body looks or works. They can range from mild to severe. Some are more noticeable than others, for instance mouth and lips clefts while others are more difficult to recognize.

Congenital disorders can be caused by chromosomal or genetic abnormalities such as infection in the womb, trauma during delivery, environmental influences on fetuses within the uterus, or medications used by the mother. They can cause long-term disabilities that have a negative impact on individuals, their families, the health care system as well as the general public. They contribute to the high burden of mortality among infants and children under 5.

Neural tube defects and chromosomal disorders like Down syndrome, are among the most prevalent causes of severe congenital disorders in children. Certain congenital diseases are more prevalent among certain ethnic groups and mothers who are of an aforementioned age and parents who descend from the same lineage. Others are caused by a natural process or are caused by pharmacological or environmental factors. If a person who has a congenital disability is disabled is contingent on how severe the condition is and the body area it affects and how much it affects daily activities.

Medical Costs

Families with children suffering from severe birth defects are faced with enormous medical costs. These include the cost of a lifetime of 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 who has physical impairment. An attorney with experience in birth defect cases can help victims get the justice they are entitled to.

A variety of congenital and genetic diseases are preventable or treatable in the uterus. Doctors sometimes misdiagnose conditions or fail to inform parents of screening or tests that may have resulted in the identification of birth defects. In these cases parents may bring a lawsuit for an unjustified death against the medical professional.

While it is difficult to prove that a mistake by a doctor resulted in a congenital impairment an experienced Pompano Beach injury lawyer can review the evidence and determine if a claim is feasible. Contact a lawyer as soon as possible to discuss your case. You have two years from the time you first discovered or discovered the injury in order to make a claim.

Lost Wages


A child born with a birth defect will likely require a lot of medical attention, which can cost a lot over the course of their lifetime. It's unjust that this financial burden should be borne by families that have no responsibility for the condition. A knowledgeable and sympathetic Pompano Beach injury lawyer can help parents explore their legal options.

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

A successful lawsuit could include compensation for medical costs such as hospitalizations and surgeries, extended treatments, and prescriptions. Parents who have to take time off to take care of their child could also be entitled to compensation for lost earnings, a portion of future earnings lost or punitive damages if the manufacturer of the medication did not take the proper precautions to ensure patient safety. Contact us today to discuss your options.

Damages

If your child is suffering from a severe or mild birth issue, your family may require an amount of money to cover medical bills, loss in income as well as other costs. You'll need to gather documents, such as credit card payments, receipts and bills, to establish your claim. The more you can provide, the higher your award.

The majority of birth defects are caused by genetic factors and cannot be prevented by doctors. However, there are some that are related to the environment or medications. For example, a doctor prescribing a medication to a mother that increases the chance of having a birth defect can be held accountable for negligence.

The birth of a child with an injury from birth or a birth defect can be a devastating experience for parents and families. However, with the help of a Pompano Beach birth defect lawyer, you can pursue justice for your family and ensure that negligent doctors are held accountable. The team at Menzer Law understands the difficulties of a medical malpractice lawsuit and can guide you through every step to ensure that your claim is filed successfully. Call now to learn more about how they can assist you.

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