How to File a Birth Defect Claim

Parents who discover that their child is suffering from a congenital handicap should contact an experienced Pompano Beach birth defect lawyer right away. In contrast to other medical malpractice claims, a birth injury lawsuit has an extremely short time limit.

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

Statute of Limitations

In the United States the statutes vary from one state to another. Legal claims must be filed within the timeframe or the injured party may not be able to recover damages. A medical malpractice attorney can help ensure the birth injury lawsuit is filed within your state’s statute of limitations.

In some instances it can take a long time for an injury to manifest physically or in a developmental way. In these cases, it is often difficult to determine when the statute of limitations began or when it was the right time to file. A medical malpractice lawyer who is knowledgeable and compassionate will help you determine if a lawsuit involving birth defects can be filed before the statute of limitations runs out in your state.

The first step is to determine the birth defect and link it to the medical experts who treated your child. In this process, bills as well as receipts and credit card records will be vital. Attorneys can also collect information through discovery, a procedure that involves exchanging information with other parties. This could include taking depositions of doctors, nurses, and hospital staff.

Congenital Disabilities

Congenital disabilities are structural issues that are present at birth and influence how the body appears or works. Mild to severe they can alter the body’s appearance in many ways. Some are more noticeable than others, such as lip and palate clefts and others, while some are harder to spot.

Congenital conditions can be caused by genetic or other chromosomal abnormalities. They can be caused by infections in the womb during delivery or trauma, environmental influences, and medication taken by mothers. They can cause long-term disability, which have a negative impact on individuals, their families, the health system, and society. They contribute to the high mortality of infants and children younger than five.

Neural tube defects and chromosomal problems, such as Down syndrome, are among the most prevalent causes of severe congenital disorders in children. Some congenital disorders are more common among certain ethnic groups, mothers of an aforementioned age and parents that descend from the same lineage. Other congenital diseases are caused by pharmacological or environmental influences. What determines if a person with a congenital disability is considered disabled is determined by the severity of the condition and the body area it affects and how much it affects daily activities.

Medical Costs

Families with children suffering from severe birth defects face enormous medical costs. These include the cost of lifelong treatment with therapy and surgery to treat the condition as well as its adverse effects. Families can also be affected by the emotional stress of raising a child who has a physical disability. An experienced lawyer who has handled laurel birth defect attorney defect cases will help victims get the compensation they deserved.

A variety of congenital and genetic disorders are treatable or preventable in utero. Unfortunately, doctors often misdiagnose or fail to inform parents of test results and screening results which may lead to the discovery of an anomaly in the Rice Lake Birth Defect Lawyer. In these cases, the parents could file a wrongful life claim against the medical provider.

It’s difficult to prove that a mistake made by a doctor caused a congenital condition but a skilled Pompano Beach personal injury lawyer can assess the evidence to determine if your claim is valid. Contact a lawyer as soon as possible to discuss your case. You have two years from the date you discovered or should have known about the injury to submit a claim.

Lost Wages

A child born with birth defects requires extensive medical treatment, which could cost millions of dollars in their lifetime. It is unfair that this financial burden should be borne by families who did not cause the problem. A skilled and understanding Pompano Beach injury lawyer can help parents explore their legal options.

Our lawyers are well-trained in medical malpractice cases and always place the client’s best interests first. They will look into all the causes of the birth defect of your child and determine if any medical experts involved in the delivery of your child should have been held to account.

A successful claim may include the reimbursement of medical expenses such as surgery, hospitalization, treatment and medications. It may also cover lost earnings for parents who need to take time off to take care of their children, a percentage of future lost earnings, and punitive damages if the drug manufacturer displayed a blatant disregard for patient safety. Contact us today to discuss your options without obligation.


Your family will need monetary compensation for medical bills, lost income, and other expenses, regardless whether your child has an injury that is mild or severe. You will need to gather documents, such as credit card transactions, receipts and bills, to support your claim. If you have more evidence to provide, the more likely your claim will be greater.

Most birth defects are genetic and cannot be cured. However, there are some that are related to environmental factors or medication. For instance, a physician prescribing a medication to a mother that increases the chance of having a birth defect could be held accountable for negligence.

A baby born with an injury to their birth or a birth defect can be devastating for parents and families. But with the assistance of a Pompano Beach birth defect lawyer to pursue justice for your family and ensure that negligent doctors are accountable. Menzer Law can help you navigate the medical malpractice claims process. They will guide you through every step and ensure that your claim is successfully filed. To find out more, set up an appointment with them to learn how they can help you.

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