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How to File a Birth Defect Claim

Parents who find out that their child has a congenital defect must contact a Pompano Beach birth defect lawyer immediately. Contrary to other medical malpractice claims, a birth injury lawsuit is subject to the benefit of a shorter statute of limitations.

Additionally, a lot of birth injuries and birth defect law defects could have been prevented. Hence, victims need compensation.

Statute of limitations

In the United States the statutes vary from state to state. The injured party may be unable to recover damages when a legal claim is not filed within a specified time frame. A medical malpractice attorney can assist in ensuring a birth injury lawsuit is filed within your state's statute of limitations.

In some instances it takes a while for an injury to manifest physically or in a developmental way. In these instances it is often difficult to determine when the statute of limitations began or when it should have been filed. A skilled and sympathetic medical malpractice lawyer can help you determine if an action for birth defects can be filed before the state's statute of limitation expires.

The first step in identifying the birth defect is to connect it with the medical professionals who treated your child. Bills, receipts credit card records, and other evidence of medical treatment will be important in this process. Attorneys can also gather information through discovery, a procedure that involves exchanging information with different parties. This may include taking depositions from nurses, doctors and hospital personnel.

Congenital Disabilities

Congenital disabilities are structural issues that are present at birth and influence how the body appears or works. They range from mild to severe. Some are more noticeable than others, like the cleft palate and lips however, others are more difficult to spot.

Congenital disorders can be triggered due to chromosomal or genetic defects and infections in the womb, trauma during delivery, environmental influences on fetuses and uterus, as well as the medication that the mother takes. They cause long-term disability, which takes a toll on individuals, families as well as health care systems and societies. They contribute to the high mortality of infants and children aged less than 5.

Neural tube defects and chromosomal disorders, such as Down syndrome, are the leading causes of severe congenital disabilities in children. Certain congenital diseases are more common in certain ethnic groups, as well as maternal age and Birth Defect Claim consanguinity (parents descend from the same kinship). Other congenital diseases are caused by pharmacological or environmental influences. The severity of the congenital disability, which organs or body parts it affects, as as the extent to which it impacts in daily life will determine if someone is considered disabled.

Medical Expenses

Families who have children with severe birth defects are confronted with massive medical costs. The cost of surgeries, therapy and ongoing treatment for the condition, as well as its side effects are often enormous. The emotional stress of raising a child with physical impairment can take its toll on families. A skilled lawyer who has experience in birth defect litigation defect cases can help victims obtain the compensation they are entitled to for their losses.

Many congenital and genetic diseases can be prevented or treated in the uterus. Doctors sometimes misdiagnose conditions or fail to inform parents of screening and tests that may have led to the discovery of birth defects. In these cases parents may be able to make a claim for wrongful death against the medical provider.

It's hard to prove that a medical error caused a congenital defect, but an experienced Pompano Beach personal injury lawyer can review the evidence to determine if your claim is valid. Get in touch with a lawyer today to discuss your case. You have two years from the time you were notified or known about the injury to make a claim.

Lost Wages

A child born with birth defect litigation defects will require 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 didn't cause the condition. A Pompano Beach injury attorney who is competent and understanding can help parents explore legal options.

Our solicitors have been trained in medical negligence cases and put the best interests of clients at the center of their work. They will examine all circumstances surrounding your baby's birth defect to determine whether any medical professionals who were involved in the delivery of your child are responsible.

A successful case could result in compensation for medical costs such as hospitalizations, surgeries, long-term treatments, and medication. Parents who are forced to take time off to take care of their children may also be entitled to compensation for lost earnings, a portion of future earnings loss or punitive damages if the pharmaceutical company showed a flagrant disregard for the safety of patients. Contact us now 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 suffers from an injury that is mild or severe. You'll need to gather documents, such as credit card payments, receipts and bills, to support your claim. The more evidence you are able to provide, your award will be greater.

Most birth defects are caused by genetic factors and cannot be prevented by doctors. However, some are due to environmental factors or medication. For instance, a physician prescribing a drug to the mother that increases the chance of having a birth defect can be held liable for negligence.

Having a baby with a birth injury or a birth defect can be devastating for parents and families. However, with the assistance of a Pompano Beach birth defect lawyer who can help you seek 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 each step and ensure that your claim is properly filed. To learn more, schedule an appointment with them to learn how they can help you.