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How to File a Birth Defect Claim

Parents who find out that their child has a congenital disability should seek out an experienced Pompano Beach birth defect lawyer as soon as possible. In contrast to other medical malpractice claims a birth injury lawsuit is subject to an extremely short time limit.

Additionally, a lot of birth injuries and birth defects could have been avoided. Victims of abuse need compensation.

Statute of Limitations

In the United States, the statutes of limitations differ from state to state. A legal claim must be filed within the timeframe or the injured party may not be able recover damages. A medical malpractice lawyer will ensure that a lawsuit arising from a birth injury is filed within the time limit set by the statute of limitations in your state.

In some cases it can take a long time for an injury to manifest itself physically or developmentally. In these instances it may be difficult to determine the date when the statute of limitation began or when a suit ought to have been filed. A medical malpractice lawyer who is skilled and compassionate can help determine if a lawsuit for birth defects is possible before the statute of limitations expires in your state.

The first step to identify the birth defect is to link it with the medical professionals who treated your child. The receipts, bills credit card records, and other records of medical treatment will be important in this process. Attorneys can also collect evidence through discovery that is the process of sharing information between parties. This can include taking the depositions of nurses, doctors and hospital personnel.

Congenital Disabilities

Congenital disabilities are structural defects present at birth that can influence how the body appears or performs. They can range from mild to severe. Some are more obvious than others, like cleft lips and palates however, others are more difficult to recognize.

Congenital disorders can be caused by genetic or chromosomal abnormalities and infections in the womb, injuries during delivery, environmental effects on fetuses in the uterus, and medications taken by the mother. They can lead to long-term disabilities and have a negative impact on individuals and their families, the health care system and society. They contribute to the high mortality of infants and children younger than five.

Neural tube defects and chromosomal disorders like Down syndrome, are the leading causes of severe congenital disorders in children. Certain congenital diseases are more prevalent in certain ethnic groups, as well as maternal age and consanguinity (parents descend from the same kinship). Others occur spontaneously or are related to pharmacological or environmental factors. The severity of the congenital disability as well as the organs and body parts it affects, as well as how much it hinders with daily activities will determine if someone is considered disabled.

Medical expense

Families who have children with severe birth defects are confronted with enormous medical costs. The costs of surgery, therapy and lifelong treatment for the condition and its associated effects can be enormous. The emotional strain of raising a child with physical impairment can also be a burden on families. An attorney with experience in birth defect cases can help victims get the compensation they deserved.

A number of congenital and genetic diseases are preventable or treatable in utero. Doctors sometimes misdiagnose conditions or fail to inform their parents of screening or test results that could have led to the discovery of birth defects. In these instances parents may be able to make a claim for wrongfully dying against the medical professional.

It is difficult to prove that a medical error caused a congenital defect however, a seasoned Pompano Beach personal injury lawyer will evaluate the evidence to determine if your claim is valid. Contact an attorney right away to discuss your case. You have two years to file a claim once you've discovered or should have discovered the injury.

Lost Wages

A child born with birth defects will require extensive medical treatment, which could cost millions of dollars over their lifetime. It's unfair that this financial burden be placed on families who have no responsibility for the condition. A skilled and understanding Pompano Beach injury lawyer can assist parents in exploring their legal options.

Our solicitors are highly trained in medical negligence cases and put the best interests of clients at the center of their work. They will investigate all the circumstances of your baby's birth defect to determine the medical professionals who assisted in the delivery of your child were responsible.

A successful claim may include the reimbursement of medical expenses such as hospitalizations, surgeries, prolonged treatment and medications. Parents who have by their job to take care of their child may also be entitled to lost wages, a portion in future lost earnings, or punitive damages if a drug manufacturer showed a flagrant disregard for the safety of patients. Contact us today to discuss your options.

Damages

If your child has an acute or mild birth defect, your family will require money to pay for medical bills, loss in income and other costs. You'll need documents, like credit card receipts, payments made with a credit card and bills, to support your claim. The more documents you can provide the more evidence, the greater your payout.

Most birth defect lawyer problems are genetic and cannot be prevented. However, some birth defects are due to environmental factors or medications. A doctor who prescribes a medication to a mother who increases the chance of her having a birth defect could be held liable for negligence.

A baby born with an injury to their birth or a birth defect can be devastating for parents and Birth Defect Lawyer families. With the help of a Pompano Beach lawyer for birth defects You can seek justice for your family. You can also ensure that negligent doctors are held accountable. The team at Menzer Law understands the difficulties of a medical negligence claim and can help you through each step to make sure your claim is successful. To learn more, book a consultation to find out how they can assist you.