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How to File a Birth Defect Claim

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

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

Statute of limitations

In the United States, the statutes of limitations vary from state to state. The injured party may be denied damages should a legal action not filed within the stipulated time frame. A medical malpractice lawyer can make sure that a claim for birth injury is filed within the statute of limitations in your state.

In some instances it takes a while for an injury to manifest physically or in a developmental way. In these cases, it can be difficult to determine the date when the statute of limitations began or when a lawsuit ought to have been filed. A skilled and empathetic medical malpractice attorney can assist you in determining whether a birth defect lawsuit can be filed before the state's statute of limitation expires.

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

Congenital Disabilities

Congenital disabilities are structural issues present at birth and can affect how the body looks or works. They can range from mild to severe. Some are more visible than others, like cleft lips or birth defect lawsuit palates, while others are more difficult to spot.

Congenital disorders can result from genetic or other chromosomal abnormalities. They can also be caused due to infection in the womb during pregnancy trauma, environmental influences and medications taken by mothers. They can cause long-term disabilities that have a negative impact on the individual and their families, as well as the health care system and society. They contribute to the high mortality rate of infants and children younger than five.

The most common causes of severe congenital disability in children are neural tube defects and chromosomal conditions, such as Down syndrome. Certain congenital disorders are more common in certain ethnic groups, as well as maternal age and consanguinity (parents descend from the same kinship). Some are unintentionally occurring or caused by pharmacological or environmental factors. The degree of the congenital disability as well as the organs and body parts it affects, as as the extent to which it impacts in daily activities, will determine whether the person is disabled.

Medical expense

Families with children suffering from severe birth defects are faced with huge medical costs. The cost of surgery, therapy and ongoing treatment for the condition and the side effects that accompany it are often enormous. The stress of raising physically impaired children can take its toll on families. An experienced lawyer who has handled birth defect lawyers defect cases can help victims receive the compensation they are entitled to.

A variety of genetic and congenital disorders can be treated or prevented in utero. Doctors can misdiagnose certain conditions or fail to inform parents of screening and tests that may have resulted in the identification of birth defects. In these cases parents may file a claim for wrongful death against the medical provider.

It's difficult to prove that a medical error resulted in a congenital problem however an experienced Pompano Beach personal injury lawyer can evaluate the evidence to determine if your claim is valid. Contact a lawyer right away to discuss your case. You have two years from the time you discovered or should have had knowledge of the injury to submit a claim.

Lost Wages

A child born with a birth defect could require extensive medical care, which could cost millions over their life. It is unfair that this financial burden should be imposed on families that didn't cause the condition. A knowledgeable and sympathetic Pompano Beach injury lawyer can help parents consider their legal options.

Our solicitors are highly trained in medical negligence claims and put the best interests of clients at the core of their work. They will explore all of the factors that led to the birth defect of your child and identify whether any medical professionals involved in the birth of your child should have been held accountable.

A successful claim can include the reimbursement of medical expenses such as hospitalizations, surgeries and extended treatment and medications. Parents who have to miss work to take care of their children may also be entitled for lost earnings, a portion of future lost earnings, or punitive damages if the drug manufacturer has shown a clear disregard for patient safety. Contact us today to discuss your options without obligation.

Damages

Your family will require financial compensation for medical bills, lost income, and other expenses, regardless of whether your child has a mild or severe defect. You will need to gather documents, like payment receipts from credit cards, and bills, to establish your claim. The more information you are able to provide the more evidence, the greater your payout.

Most birth defects are caused by genetic factors and cannot be prevented by physicians. However, some of them are due to the environment or medications. For example, a doctor prescribing a medication to a mother that increases the risk of a birth defect could be held accountable for negligence.

A child born with an injury or defect at birth could be a devastating experience for parents and their families. However, with the help of a Pompano Beach birth defect lawyer to pursue justice for your family and ensure that negligent doctors are accountable. The team at Menzer Law understands the difficulties of a medical negligence claim and will guide you through each step of the process to ensure you file your claim in a timely manner. To learn more, book an appointment with them to learn how they can assist you.