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How to File a Birth Defect Claim

Parents who discover their child is suffering from a congenital defect must contact a Pompano Beach birth defects lawyer as soon as they can. Contrary to other medical malpractice claims, the birth injury lawsuit has limited time limits.

Additionally, a lot of birth injuries and defects could have been prevented. Victims deserve compensation.

Statute of Limitations

In the United States the statutes vary from one state to another. The injured party may be barred from recovering damages if a legal claim is not filed within a specified timeframe. An attorney for medical malpractice will help ensure that the birth injury lawsuit is filed within the state's statute of limitations.

In some instances an injury could take longer to manifest physically or develop. In these cases it can be a challenge to determine when the statute of limitations was set or when a lawsuit ought to have been filed. A knowledgeable and compassionate medical malpractice lawyer can help you determine if a birth defect lawsuit can be filed before your state's statute of limitation expires.

The first step is identifying the birth defect and connect it to the medical experts who treated your child. The receipts, bills as well as credit card records and other evidence of medical treatment are crucial in this process. Attorneys can also gather evidence through discovery which is the process of exchanging information between parties. This may include taking depositions from doctors, nurses and hospital personnel.

Congenital Disabilities

Congenital disorders are structural flaws that occur at birth and influence how the body appears or functions. Mild to severe, they can impact the body in various ways. Some are more visible than others, such as cleft lips or palates and others are more difficult to spot.

Congenital disorders can be caused by chromosomal or genetic abnormalities and infections in the womb, injuries during delivery, environmental influences on fetuses in the uterus, as well as the medication used by the mother. They can cause long-term disability and negative effect on individuals as well as their families, the health care system, and society. They are a major cause of mortality among infants and children under 5.

The main causes of severe congenital disabilities in children are neural tube defects as well as chromosomal issues like Down syndrome. Certain congenital disorders are more prevalent in certain ethnic groups, mothers of an aforementioned age, and parents who descend from the same lineage. Other congenital conditions are caused by pharmacological or environmental influences. If a person who has a congenital disability is disabled is based on how severe the condition is, which organ or body part it affects, as well as how much it interferes with everyday life.

Medical Expenses

Families with children who suffer from severe birth defects are faced with huge medical costs. The cost of therapy, surgery and lifelong treatment for the condition as well as its side effects are often enormous. The emotional stress of raising a physically impaired child can also be a burden on families. An experienced lawyer who has handled birth defect attorney defect cases can help victims get the justice they are due.

Many genetic and congenital diseases can be prevented or treated in utero. Unfortunately, doctors may miss-diagnose or fail to inform parents of tests and screening results that could lead to the discovery of a birth defect. In these instances, parents could file a wrongful life claim against the medical provider.

It's difficult to prove that a doctor's error caused a congenital defect, but an experienced Pompano Beach personal injury lawyer will evaluate the evidence to determine if a claim is viable. Contact an attorney right away to discuss your case. You have two years to file a claim if you have discovered or should have discovered the injury.

Lost Wages

A child born with a birth defect could require extensive medical care, which can cost a lot throughout their lives. This financial burden shouldn't be imposed on families that didn't cause the problem. A Pompano Beach injury lawyer who is knowledgeable and understanding can help parents explore legal options.

Our solicitors have been trained in medical negligence claims and place the best interests of their clients at the center of everything they do. They will explore all of the factors that led to the birth defect of your child, and determine if any medical professionals involved in the birth of your child should have been held accountable.

A successful claim could include reimbursement for medical expenses such as hospitalizations, surgeries, long-term treatments, and medication. It may also cover lost earnings for parents who need to leave to take care of their children, a portion of future earnings lost and punitive damages where the drug manufacturer exhibited a blatant disregard for patient safety. Contact us today to discuss your options.

Damages

If your child has an acute or mild birth defect, your family needs financial compensation to cover medical expenses, loss of income and other expenses. You will need to gather documents, such as credit card payments, receipts and bills to prove your claim. If you have more evidence to provide, your award will be greater.

The majority of birth defects are caused by genetic factors and cannot be prevented by doctors. However, some of them are due to environmental factors or medications. For instance, a physician prescribing a medicine to the mother that increases the chance of having a birth defect could be held accountable for negligence.

A child born with an injury or defect in the 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 claim, and they can guide you through each step to ensure you file your claim in a timely manner. Contact them today to learn more about how they can help you.