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How to File a Birth Defect Claim

Parents who find out that their child has a congenital disability should contact an experienced Pompano Beach birth defect lawyer as soon as possible. A birth injury lawsuit is limited to a shorter duration of limitations than other medical malpractice lawsuits.

In addition, many birth problems and injuries could have been avoided. Victims require compensation.

Statute of limitations

In the United States, the statutes of limitations differ from state to state. A legal claim must be filed within this period otherwise the person who was injured may not be able to claim damages. A medical malpractice lawyer can guarantee that a lawsuit arising from a birth injury is filed within the time limit set by the statute of limitations in your state.

In certain cases an injury can take some time to manifest physically or develop. In these instances, it can be difficult to determine the date when the statute of limitations began or when a case should have been filed. A skilled and empathetic medical malpractice attorney can help you determine if a birth defect lawsuit can be filed before your state's statutes of limitations expire.

The first step is to pinpoint the birth defect and link it to the medical professionals who treated your child. Receipts, bills credit card information as well as other documentation of medical treatments will be crucial in this process. Attorneys can also gather evidence through discovery, which is a process of exchanging information between two parties. This can include taking the depositions of nurses, doctors and hospital personnel.

Congenital Disabilities

Congenital disabilities are structural defects that occur at birth and affect how the body looks or performs. They range from mild to severe. Some are more visible than others, such as cleft lips or palates and others are more difficult to spot.

Congenital diseases can be caused by chromosomal or genetic abnormalities and infections in the womb, trauma during birth Defect lawyers, environmental influences on fetuses inside the uterus, or medications that the mother takes. They cause long-term disability, which is a burden on families, individuals as well as health systems and societies. They contribute to the burden of neonatal and under-5 mortality.

The most common causes of severe congenital disabilities in children are neural tube defects as well as chromosomal issues, such as Down syndrome. Certain congenital disorders are more prevalent in certain ethnic groups, as well as maternal age and consanguinity (parents descend from the same kinship). Other conditions are triggered by nature or are caused by pharmacological or environmental factors. The degree of the congenital disability the organs or body parts it affects, as as how much it hinders with daily activities will determine if an individual is considered disabled.

Medical Expenses

Parents of children with severe birth defect attorneys defects are faced with huge medical expenses. These include the cost of permanent treatment with therapy and surgery to treat the condition as well as its side effects. The emotional stress of raising a physically impaired child can also take its toll on families. A skilled lawyer who has experience in birth defect cases can assist victims get the compensation they are entitled to for their losses.

Many congenital and genetic disorders can be prevented or treated in utero. However, doctors can misdiagnose or fail to inform parents about test and screening results that could lead to the discovery of a birth defect. In these instances parents may be able to file a claim for an unjustified death against the medical professional.

It's hard to prove that a doctor's error caused a congenital disorder, but an experienced Pompano Beach personal injury lawyer will evaluate the evidence to determine whether your claim is valid. Contact an attorney immediately to discuss your case. You have two years to file a claim once you have 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 throughout their lives. It's unjust that this financial burden should be placed on families who did not cause the condition. A skilled and understanding Pompano Beach injury lawyer can help parents consider their legal options.

Our lawyers are highly trained in medical malpractice claims and always put the client's best interests first. They will examine all of the causes of your child's birth defect and determine if any medical professionals involved in the delivery of your child should have been held accountable.

A successful case could result in reimbursement for medical expenses such as hospitalizations and surgeries, extended treatments, and medications. Parents who are forced to take time off to take care of their child may also be entitled for lost wages, a percentage of future lost earnings, or punitive damages if the pharmaceutical company showed a flagrant disregard for patient safety. Contact us today to discuss your options.

Damages

No matter if your child is suffering from a mild or severe birth defect, your family needs financial compensation to cover medical bills, loss in income and other expenses. To help prove your claim, you will need to gather documents, such as receipts, bills and credit card payment. If you have more evidence to provide, the more likely your claim will be higher.

Most birth defects result from genetic causes and cannot be controlled by physicians. Some birth defect lawsuits defects are caused through environmental factors or medications. A doctor who prescribes medication to a mother which increases her risk of having an abnormal birth could be held liable for negligence.

A baby born with a birth injury or a birth defect can be devastating for families and parents. With the assistance 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 of the process to ensure your claim is successfully filed. Call today to learn more about how they can assist you.