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How to File a Birth Defect Claim

Parents who discover that their child is suffering from a congenital handicap should contact an experienced Pompano Beach birth defect lawyer as soon as possible. A birth injury lawsuit is subject to a shorter time limit of limitations than other medical malpractice claims.

In addition, many birth injuries and birth defects could have been avoided. Victims of abuse need compensation.

Statute of Limitations

In the United States the statutes vary between states. Legal claims must be filed within this time frame otherwise the injured party might not be able to recover damages. A medical malpractice lawyer can 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 instances an injury could take an extended time to manifest physically or develop. In these cases it can be difficult to determine when the statute of limitations began or when it should have been filed. A knowledgeable and compassionate medical malpractice attorney can help you determine if an action for birth defects can be filed before the state's statutes of limitations expire.

The first step to identify the birth defect is to connect it with the medical professionals that treated your child. Receipts, bills, credit card records and other documentation of medical treatment are important in this process. Attorneys can also gather information through discovery, a procedure that involves exchanging information with different parties. This could involve taking depositions of nurses, doctors and hospital personnel.

Congenital Disabilities

Congenital disabilities are structural issues that can affect the way the body looks and functions. They range from mild to severe. Some are more noticeable than others, such as lip and palate clefts while others are more difficult to detect.

Congenital conditions can be caused by genetic or other chromosomal anomalies. They may also be caused due to infection in the womb during pregnancy, trauma, environmental influences and medications taken by mothers. They can result in long-term disabilities and negative impact on people and their families, the health care system, and society. 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 most prevalent causes of severe congenital disorders in children. Some congenital conditions are more prevalent in certain ethnic groups, as well as maternal age and consanguinity (parents descend from the same kinship). Some are unintentionally occurring or related to pharmacological or environmental factors. The degree of the congenital disability the organs or body parts it affects, as as how much it interferes with daily activities will determine if a person is considered disabled.

Medical Expenses

Parents of children with severe birth defects face enormous medical costs. The cost of surgeries, therapy and lifelong treatment for the condition, as well as its associated effects are often enormous. The emotional stress of raising a child with physical impairment can also be a burden on families. A knowledgeable lawyer with experience in birth defect cases can assist victims receive the compensation that they are entitled to for their loss.

A number of genetic and congenital disorders are treatable or preventable the uterus. Unfortunately, doctors sometimes do not recognize or inform parents of test and screening results which may lead to the discovery of birth defects. In these cases, the parents may pursue a wrongful-life claim against the medical provider.

Although it's difficult to prove that a doctor's error caused a congenital disorder, an experienced Pompano Beach injury attorney can review the evidence and determine if a claim can be viable. Contact an attorney immediately to discuss your case. You have two years from the time you first discovered or known about the injury to submit a claim.

Lost Wages

A child born with birth defects will require extensive medical treatment which could cost millions of dollars over their lives. This financial burden shouldn't be imposed on families that didn't contribute to the problem. A Pompano Beach injury lawyer who is qualified and sympathetic can help parents explore legal options.

Our lawyers are well-trained in medical malpractice cases and always put the client's best interests first. They will explore all of the circumstances surrounding the birth defect in your child and Birth defects determine if any medical professionals involved in the child's birth should have been held accountable.

A successful case could result in compensation for medical costs such as hospitalizations and surgeries, long-term treatments, and prescriptions. Parents who have to miss work to take care of their child could also be entitled to lost earnings, a portion of future lost earnings, or punitive damages if a drug manufacturer did not take the proper precautions to ensure the safety of patients. Contact us today to discuss your options.

Damages

Your family will require monetary compensation for medical expenses, lost income and other expenses, regardless of whether your child has an injury that is mild or severe. You'll need documents, such as credit card payments, receipts and bills, to support your claim. The more information you are able to provide, the higher your award.

Most birth defects result from genetic causes and can't be cured by doctors. However, some birth defects are linked to environmental factors or medications. A doctor who prescribes a medication to a mother which increases her chance of developing an abnormal birth could be held liable for negligence.

A baby born with a birth defect or injury can be devastating for parents and their families. With the assistance 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 are held accountable. The team at Menzer Law understands the difficulties of a medical malpractice claim and can guide you through each step to ensure your claim is successfully filed. To learn more, book an appointment with them to learn what they can do to help you.