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How to File a Birth Defect Claim

Parents who find out that their child has a disability that is congenital must contact a seasoned Pompano Beach birth defect lawyer immediately. A birth injury lawsuit is subject to a shorter period of limitations than other medical malpractice lawsuits.

Furthermore, a lot of birth defects or injuries could have been avoided. Hence, victims need compensation.

Statute of limitations

In the United States the statutes vary between states. The victim may be barred from recovering damages in the event that a legal claim was not filed within a specified timeframe. A medical malpractice lawyer can guarantee that a claim for birth injury is filed within the time limit set by the statute of limitations in your state.

In certain cases injuries can take longer to manifest physically or develop. In these instances it is usually difficult to determine when the statute of limitations started or when it should have been filed. A skilled and sympathetic medical malpractice attorney can help you determine if a birth defect lawsuit can be filed before your state's statute of limitation expires.

The first step is to determine the birth defect and link it to the medical specialists who treated your child. For this, the bills as well as receipts and credit card records will be vital. Attorneys can also collect evidence through discovery, which is a process of transferring information between parties. This may include taking depositions from nurses, doctors and hospital personnel.

Congenital Disabilities

Congenital disabilities are structural issues that affect the way the body looks and functions. They range from mild to severe. Some are more visible than others, like the cleft palate or lips and others are harder to detect.

Congenital disorders can be caused by genetic or birth defect lawsuit other chromosomal disorders. They can also be caused due to infection in the womb during birth trauma, environmental factors, and medication taken by mothers. They cause long-term disabilities, which can be detrimental to individuals, families as well as health care systems and societies. They contribute to the high mortality rate of infants and children aged less than 5.

Neural tube defects and chromosomal diseases, such as Down syndrome, are among the most prevalent causes of severe congenital disabilities in children. Some congenital disorders are more common among certain ethnic groups and mothers who are of a certain age and parents that descend from the same lineage. Some are unintentionally occurring or related to pharmacological or environmental factors. The severity of the congenital disability, which organs or body parts it affects, as well as how much it hinders in daily life will determine if the person is disabled.

Medical expense

Families with children suffering from severe birth defects are faced with enormous medical costs. The cost of therapy, surgery and long-term treatment for the condition as well as its side effects can be huge. Families can also be affected by the emotional stress of raising a child with physical impairment. A lawyer with experience in birth defect cases will assist victims get the money they deserved.

Many genetic and congenital diseases can be prevented or treated in utero. Unfortunately, doctors often make mistakes in diagnosing or failing to inform parents of tests and screening results which could lead to the discovery of a birth defect. In these cases parents may bring a lawsuit for wrongfully dying against the medical provider.

It's hard to prove a doctor's mistake caused a congenital defect however, a seasoned Pompano Beach personal injury lawyer can evaluate the evidence to determine whether your claim is valid. Contact a lawyer right away to discuss your case. You have two years from the time you discovered or should have been aware of the injury to claim compensation.

Lost Wages

A child born with an anomaly in the birth will likely require extensive medical treatment, which can cost a lot in their lives. This cost shouldn't fall on families that didn't contribute to the problem. A Pompano Beach injury lawyer who is knowledgeable and understanding can help parents explore legal options.

Our lawyers are highly trained in medical malpractice claims and always consider the best interests of the client first. They will explore all of the circumstances surrounding the birth defect of your child and determine if any medical experts involved in the birth of your child should have been held accountable.

A successful case could result in the reimbursement of medical expenses like hospitalizations and surgeries, prolonged treatments, and medications. It could also include lost earnings for parents who have to leave to take care of their children, a percentage of the future loss of earnings and punitive damages where the drug manufacturer showed an utter disregard for patient safety. Contact us today to discuss your options with no obligation.

Damages

Your family may require financial compensation for medical expenses, lost income and other expenses regardless of whether your child has an issue that is severe or mild. To help prove your claim, you have to gather documents, such as receipts, bills and credit card charges. The more documents you can provide, the higher your award.

The majority of birth defects result from genetic causes and cannot be controlled by physicians. 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 accountable for negligence.

A child born with an injury or defect at birth can be devastating to parents and their families. But with the assistance of a Pompano Beach birth defect lawyer, you can pursue 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 can guide you through each step of the process to ensure you file your claim in a timely manner. Schedule a consultation today to learn more about how they can assist you.