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How to File a Birth Defect Claim

Parents who find out that their child is suffering from a congenital defect should consult a Pompano Beach birth defects lawyer right away. In contrast to other medical malpractice lawsuits, birth injury lawsuits have a short statute of limitations.

In addition, many birth injuries and birth defects could have been prevented. Therefore, victims deserve compensation.

Statute of limitations

In the United States the statutes vary from one state to another. Legal claims must be filed within this time frame otherwise the person who was injured may not be able recover damages. A medical malpractice lawyer can ensure that a claim for birth injury is filed within the statute of limitations in your state.

In certain instances injuries can take an extended time to manifest physically or develop. In these cases it can be a challenge to determine the date when the statute of limitation began or when a case should have been filed. A skilled and empathetic medical malpractice attorney can help you determine whether an action for birth defects can be filed before your state's statutes of limitations expire.

The first step to identify the birth defect is to link it to the medical professionals that treated your child. Receipts, birth defects bills as well as credit card records and other documentation 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 staff.

Congenital Disabilities

Congenital disorders are structural flaws that occur at birth and affect how the body looks or works. Mild to severe they can affect the body in many ways. Some are more noticeable than others, for instance cleft lips and palates however, others are more difficult to recognize.

Congenital diseases can be caused by genetic or chromosomal abnormalities, infection in the womb, trauma during delivery, environmental effects on fetuses within the uterus, and medication used by the mother. They can cause long-term disability which affects individuals, families, health care systems and societies. They contribute to the high mortality of infants and children aged less than 5.

Neural tube defects and chromosomal problems like Down syndrome, are among the leading causes of severe congenital disabilities in children. Certain congenital diseases are more common in certain ethnic groups, maternal age and consanguinity (parents descend from the same kinship). Others occur spontaneously or are caused by pharmacological or environmental factors. The degree of the congenital disorder the organs or body parts it affects, as as how much it interferes with daily activities, will determine whether someone is considered disabled.

Medical expenses

Parents of children with severe birth defects face enormous medical expenses. This includes the cost of permanent treatment or surgery, as well as therapy for the condition as well as its side effects. The stress of caring for physically impaired children can also be a burden on families. A knowledgeable lawyer who is experienced in birth defect cases can help victims receive the compensation that they deserve for their loss.

A variety of congenital and genetic disorders are preventable or treatable in utero. However, doctors can miss-diagnose or fail to inform parents of tests and birth defects screening results which may lead to the discovery of birth defect lawyer defects. In these instances, parents could make a claim for wrongful life against the medical professional.

Although it's difficult to prove that the error of a doctor caused a congenital handicap an experienced Pompano Beach injury attorney will evaluate the evidence to determine if a claim can be viable. Contact an attorney right away to discuss your case. You have two years to file a claim if you've discovered or should have discovered the injury.

Lost Wages

A child born with birth defects will require extensive medical care which could cost thousands of dollars over their lifetime. It's unjust that this financial burden should be borne by families who have no responsibility for the condition. A qualified and empathetic Pompano Beach injury lawyer can assist parents in exploring their legal options.

Our solicitors are expertly trained in medical negligence cases and place the best interests of clients at the center of their work. They will examine all of the circumstances surrounding the birth defect of your child, and identify whether any medical experts involved in the delivery of your child should have been held to account.

A successful case could result in the reimbursement of medical expenses such as hospitalizations, surgeries and extended treatment and medications. Parents who have to take time off to take care of their children may also be entitled to lost wages, a percentage of future lost earnings, or punitive damages if the manufacturer of the medication displayed a blatant disregard for the safety of patients. Contact us now to discuss your options without any obligation.

Damages

If your child has a severe or mild birth defect, your family will require financial compensation to cover medical expenses, loss of income and other costs. To help prove your claim, you will need to collect documents such as receipts, bills and credit card charges. The more evidence you can provide, the greater your payout will be greater.

Most birth defects are caused by genetic factors and cannot be controlled by physicians. However, some birth defects are caused by the environment or medications. For instance, a doctor prescribing a medicine to the mother that increases the chance of having a birth defect could be held accountable for negligence.

A baby born with an injury or defect at birth can be devastating to parents and their families. With the help 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 will be held accountable. The team at Menzer Law understands the difficulties of a medical malpractice lawsuit and can guide you through each step of the process to ensure your claim is successful. Set up a consultation today to find out more about how they can assist you.