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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 consult an experienced Pompano Beach birth defect lawyer right away. Birth injury lawsuits are subject to a shorter time limit of limitations than other medical malpractice lawsuits.

Additionally, many birth defects or injuries could have been prevented. Victims need compensation.

Statute of Limitations

In the United States the statutes vary from one state to another. Legal claims must be filed within this period or the victim may not be able claim damages. A medical malpractice lawyer can ensure that a claim for birth injury is filed within the statute of limitations in your state.

In some instances an injury can take a long time to manifest physically or develop. In these cases, it is often difficult to determine when the statute of limitations began or when it was the right time to file. A medical malpractice lawyer who is proficient and compassionate can help you determine if a suit for birth defects is possible before the statute of limitations expires in your state.

The first step is to pinpoint the birth defect and link it to the medical specialists who treated your child. In this process, records of bills, receipts and credit card records will be vital. Attorneys can also gather information through discovery, a process that involves exchanging information with other parties. This may include taking depositions of doctors, nurses and hospital personnel.

Congenital Disabilities

Congenital disabilities are structural defects that affect how the body looks and performs. They can range from mild to severe. Some are more visible than others, like mouth or palate clefts, while others are harder to detect.

Congenital disorders may be caused due to chromosomal or genetic defects such as infection in the womb, trauma during delivery, environmental impacts on fetuses in the uterus, and medications taken by the mother. They cause long-term disabilities, which can be detrimental to families, individuals, health care systems and societies. They contribute to the high burden of infant mortality and neonatal deaths.

The most common causes of severe congenital disabilities in children are neural tube defects and chromosomal diseases like Down syndrome. Certain congenital disorders are more common in certain ethnic groups, such as maternal age and consanguinity (parents descend from the same kinship). Others occur spontaneously or are connected to pharmacological or environment factors. What determines if a person with a congenital disability is considered disabled is contingent on how severe the condition is and what organ or body part it affects, as well as how much it impacts daily activities.

Medical Costs

Parents of children with severe birth defects must face massive medical expenses. This includes the cost of a lifetime of treatment with therapy and surgery to treat the condition and its side effects. The stress of raising an physically impaired child can also be a burden on families. A skilled lawyer who is experienced in birth defect law firm defect cases can assist victims get the compensation they are entitled to for their losses.

Many genetic and congenital diseases can be treated or prevented in utero. However, doctors can miss-diagnose or fail to inform parents of test results and screening results which may lead to the discovery of an anomaly in the birth. In these instances, parents could file a wrongful life claim against the medical provider.

It's difficult to prove that a doctor's error resulted in a congenital problem but a skilled Pompano Beach personal injury lawyer will evaluate the evidence to determine whether an action is feasible. Contact an attorney as soon as possible to discuss your case. You have two years from the time you discovered or should have discovered the injury in order to file a claim.

Lost Wages

A child born with birth defects will require extensive medical treatment, which could cost millions of dollars in their lifetime. It's inexcusable that this financial burden should be borne by families that did not cause the condition. A Pompano Beach injury lawyer who is knowledgeable and understanding can assist parents in exploring legal options.

Our lawyers are highly trained in medical malpractice cases and always ensure that the best interests of the client are first. They will examine all circumstances of your baby's birth defect to determine if any medical professionals involved in the birth defect attorney of your child were accountable.

A successful case could result in compensation for medical costs such as hospitalizations, surgeries, long-term treatments, and prescriptions. It may also cover lost earnings for parents who need to take time off to take care of their children, a portion of future earnings lost and punitive damages when the drug manufacturer displayed a blatant disregard for patient safety. Contact us now to discuss your options, without obligation.

Damages

Your family will need monetary compensation for medical expenses, lost income and other expenses, regardless whether your child has a serious or mild defect. To prove your claim, you need to collect documents such as receipts, bills and credit card charges. The more evidence you can provide, the greater your payout will be greater.

Most birth defects are caused by genetic factors and can't be cured by doctors. Certain birth defects are caused by environmental factors or medications. A doctor who prescribes a medicine to a mother, which increases the chance of her having an ailment during birth could be held liable for negligence.

A child born with a birth defect or injury could be a devastating experience for parents and their families. But with the assistance of a Pompano Beach birth defect lawyer, you can pursue justice for your family and ensure that negligent doctors are accountable. Menzer Law can help you navigate the medical malpractice claims process. They will guide you through each step and ensure that your claim is successfully filed. For more information, schedule an appointment with them to learn how they can help you.