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How to File a Birth Defect Claim

Parents who find out that their child has a disability that is congenital should seek out an experienced Pompano Beach birth defect lawyer as soon as possible. Unlike some other medical malpractice claims the birth injury lawsuit has limited time limits.

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

Statute of Limitations

In the United States, the statutes of limitations vary from state to state. A legal claim must be filed within this time frame otherwise the injured party might not be able to claim damages. A medical malpractice lawyer can make sure that a claim for birth injury is filed within the time limit set by the statute of limitations in your state.

In certain cases it can take a long time for an injury to manifest physically or developmentally. In these cases it is usually difficult to determine when the statute of limitations first began or when it was the right time to file. A knowledgeable and compassionate medical malpractice attorney can assist you in determining whether a birth defect lawsuit can be filed before the state's statutes of limitations expire.

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

Congenital Disabilities

Congenital disabilities are structural issues that can affect the way the body appears and performs. From mild to serious they can impact the body in various ways. Some are more obvious than others, for instance the cleft palate and lips and others, while some are harder to detect.

Congenital conditions can be caused by genetic or other chromosomal disorders. They may also be caused due to infection in the womb during birth trauma, environmental factors and the use of medications by mothers. They can lead to long-term disability, which affects individuals, families as well as health systems and societies. They contribute to the high mortality rate of neonates and children under five.

Neural tube defects and chromosomal problems like Down syndrome, are among the most common causes of severe congenital disabilities in children. Certain congenital conditions are more prevalent in certain ethnic groups, maternal age and birth defect lawsuit consanguinity (parents descend from the same kinship). Others are caused by a natural process or are caused by pharmacological or environmental factors. What determines if a person with a congenital impairment is considered disabled is determined by how severe the condition is and what organ or body area it affects and how much it affects daily activities.

Medical Expenses

Families with children who have severe birth defects are faced with huge medical expenses. This includes the cost of a lifetime of treatment with therapy and surgery to treat the condition and its resulting negative side effects. Families can also be impacted by the emotional stress of raising a child with physical disabilities. An attorney with experience in birth defect cases will assist victims get the compensation they are due.

Many congenital and genetic diseases can be treated or prevented in the uterus. Doctors may misdiagnose problems or fail to inform their parents of screening or tests that may have resulted in the discovery of birth defects. In these instances, parents may make a claim for wrongful life against the medical professional.

It is difficult to prove that a medical error caused a congenital condition, but an experienced Pompano Beach personal injury lawyer will evaluate the evidence to determine whether a claim is viable. Contact a lawyer immediately 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 defect attorneys defects will require extensive medical treatment, which could cost millions of dollars throughout their lives. It's inexcusable that this financial burden be borne by families who did not cause the problem. A Pompano Beach injury attorney who is competent and understanding can help parents explore legal options.

Our solicitors are expertly trained in medical negligence claims and place the best interests of clients at the heart of everything they do. They will look into all circumstances of your baby's birth defect to determine whether any medical professionals who were involved in the delivery of your child are accountable.

A successful lawsuit could include reimbursement for Birth Defect Lawsuit medical expenses such as hospitalizations and procedures, long-term treatments and medication. Parents who are forced to take time off to take care of their child may also be entitled to lost wages, a percentage of future earnings loss or punitive damages if a drug manufacturer has shown a clear disregard for patient safety. Contact us today to discuss your options with no obligation.

Damages

If your child is suffering from a mild or severe birth defect, your family will require an amount of money to cover medical expenses, loss of income as well as other costs. To help prove your claim, you need to gather documents, such as receipts, bills, and credit card payments. The more evidence you can provide, the greater your payout will be greater.

The majority of birth defects are caused by genetic factors and cannot be prevented by doctors. Certain birth defects are caused by environmental factors or drugs. A doctor who prescribes medication to a mother who increases her risk of having an ailment during birth could be held responsible for negligence.

A baby born with injuries to the birth or birth defect can be devastating for families and parents. 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 can guide you through each step to make sure you file your claim in a timely manner. Set up a consultation now to learn more about how they can assist you.