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How to File a Birth Defect Claim

Parents who discover that their child suffers from a congenital disability should seek out an experienced Pompano Beach birth defect lawyer as soon as possible. Birth injury lawsuits are limited to a shorter duration of limitations than other medical malpractice lawsuits.

In addition, many birth defect law firms injuries and birth defects could have been prevented. Hence, victims need compensation.

Statute of Limitations

In the United States, the statutes of limitations vary from state to state. The injured party may be barred from recovering damages when a legal claim is not filed within a specified time frame. A medical malpractice lawyer can ensure that a birth injury suit is filed within the statute of limitations in your state.

In certain cases it takes time for an injury to manifest itself physically or developmentally. In these cases it may be difficult to determine when the statute of limitation was set or when a lawsuit should have been filed. A knowledgeable and compassionate medical malpractice attorney can assist you in determining whether an action for birth defects can be filed before the state's statute of limitations expires.

The first step to identify the birth defect is to link it with the medical professionals who treated your child. In this process, records of bills receipts, receipts, and credit card information will be essential. Attorneys can also collect information through discovery, a process that involves exchanging information with other parties. This includes taking depositions from nurses, doctors and hospital staff.

Congenital Disabilities

Congenital disabilities are structural issues that can affect the way the body looks and performs. From mild to severe, they can affect the body in many ways. Some are more noticeable than others, like lip and palate clefts while others are more difficult to detect.

Congenital conditions can be caused by genetic or other chromosomal abnormalities. They may be caused by infections in the womb during birth trauma, environmental influences and medications taken by mothers. They cause long-term disabilities, which can be detrimental to individuals, families as well as health care systems and societies. They contribute to the high mortality of infants and children younger than five.

Neural tube defects and chromosomal disorders, such as Down syndrome, are the most prevalent causes of severe congenital disorders in children. Certain congenital diseases are more common among certain ethnic groups, mothers of a certain age and parents that descend from the same lineage. Other congenital ailments are caused by environmental or pharmacological influences. The extent of the congenital impairment as well as the organs and body parts it affects, as as the degree to which it affects with daily activities will determine if an individual is considered disabled.

Medical Costs

Families with children who have severe birth defects face enormous medical costs. This includes the cost of a lifetime of treatment, therapy and surgery for the condition and its resulting side effects. Families can also be affected by the emotional stress of raising a child who has physical impairment. A knowledgeable lawyer who is experienced in birth defect cases can assist victims obtain the compensation they deserve for their loss.

Many congenital and genetic disorders can be treated or prevented in utero. Unfortunately, doctors may miss-diagnose or fail to inform parents of test and screening results which may lead to the discovery of birth defects. In these instances, parents can make a claim for wrongful death against the medical provider.

It can be 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 whether the claim is a possibility. Get in touch with a lawyer today 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 a lot of medical attention that could cost millions of dollars over their lives. It is unfair that this financial burden should be borne by families who have no responsibility for the condition. A skilled and understanding Pompano Beach injury lawyer can assist parents to explore their legal options.

Our solicitors are highly trained in medical negligence cases and put the best interests of clients at the core of everything they do. They will look into all circumstances that led to your baby's birth defect to determine if any medical professionals involved in the delivery of your child are accountable.

A successful claim may include reimbursement for medical expenses such as hospitalizations, surgeries, extended treatments, and medication. Parents who are forced to take time off work to care for their child may also be entitled to lost earnings, a portion of future lost earnings, or punitive damages if the manufacturer of the medication showed a flagrant disregard for patient safety. Contact us today to discuss your options.

Damages

Your family may require financial compensation for medical expenses, lost income and other expenses regardless whether your child is suffering from a serious or mild defect. You'll need documents, such as credit card transactions, receipts and bills to prove your claim. The more information you are able to provide the more evidence, the greater your payout.

The majority of birth defects result from genetic causes and cannot be prevented by physicians. However, some birth defects are linked to environmental factors or medication. For example, a doctor prescribing a medication to a mother that increases the chance of having a birth defect could be held accountable for negligence.

A baby born with an injury or birth defect 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 help you through each step of the process to ensure your claim is successful. To learn more, schedule a consultation to find out what they can do to help you.