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How to File a Birth Defect Claim

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

In addition, a number of birth defects or injuries could have been avoided. Therefore, victims deserve compensation.

Statute of Limitations

In the United States the statutes vary from one state to the next. A legal claim must be filed within this period otherwise the injured party might not be able to recover damages. A medical malpractice lawyer can ensure that a suit for birth injuries is filed within the time limit set by the statute of limitations in your state.

In some instances an injury could take longer to manifest physically or develop. In these cases it is often difficult to determine when the statute of limitations first began or when it was the right time to file. A skilled and sympathetic medical malpractice attorney can help you determine whether a birth defect lawsuit can be filed before the state's statute of limitations expires.

The first step to identify the birth defect is to connect it to the medical professionals that treated your child. In this process, medical bills as well as receipts and credit card information will be essential. Attorneys can also gather evidence through discovery, which is a process of exchanging information between parties. This includes taking depositions from doctors, nurses and hospital staff.

Congenital Disabilities

Congenital disabilities are structural issues that affect the way the body looks and functions. From mild to severe, they can alter the body's appearance in many ways. Some are more noticeable than others, such as cleft lips or palates while others are more difficult to identify.

Congenital disorders can be triggered by genetic or chromosomal abnormalities or infections in the womb, injuries during delivery, environmental impacts on fetuses in the uterus, as well as the medication that the mother takes. They can cause long-term disability which takes a toll on individuals, families and health care systems as well as societies. They contribute to the high burden of mortality among infants and children under 5.

Neural tube defects as well as chromosomal disorders, such as Down syndrome, are among the most common causes of severe congenital disorders in children. Certain congenital disorders are more common among certain ethnic groups, mothers who are of a certain age, and parents who descend from the same lineage. Other congenital ailments are caused by pharmacological or environmental influences. The severity of the congenital disability, which organs or body parts it affects, as as how much it interferes in daily activities, will determine whether a person is considered disabled.

Medical Expenses

Families who have children with severe birth defects are faced with a huge medical bill. This includes the cost of lifelong treatment or surgery, as well as therapy for the condition and its resulting negative side effects. The stress of caring for a physically impaired child can be very hard on families. A lawyer with experience in birth defect cases can help victims get the money they deserved.

A number of congenital and genetic disorders can be treated or prevented in the uterus. Doctors can misdiagnose certain conditions or fail to inform their parents of screening and test results that could have led to the discovery of birth defects. In these cases parents may be able to bring a lawsuit for unjustified death against the medical professional.

It isn't easy to prove that the error of a doctor caused a congenital handicap, an experienced Pompano Beach injury attorney will review the evidence and determine if a claim can be viable. Contact a lawyer immediately to discuss your case. You have two years from the time you discovered or should have had knowledge of the injury to make a claim.

Lost Wages

A child born with an anomaly in the birth will likely require extensive medical treatment, which can cost a lot over the course of their life. This financial burden shouldn't be imposed on families who didn't cause the problem. A skilled and understanding Pompano Beach injury lawyer can help parents explore their legal options.

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

A successful claim could include compensation for medical expenses such as hospitalizations, surgeries and extended treatment and medication. It could also include the loss of earnings for parents who need to take time off work to care for their children, a portion of future lost earnings and punitive damages if the drug manufacturer exhibited an utter disregard for patient safety. Contact us today to discuss your options without any obligation.

Damages

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

Most birth problems are genetic and cannot be avoided. Some birth defects are caused by environmental factors or medications. For instance, a doctor prescribing medication to a mother that increases the risk of a birth defect can be held liable for negligence.

The birth of a child with a birth injury or a birth defect can be a devastating experience for families and parents. But 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 malpractice claim and will guide you through each step to make sure your claim is successful. To learn more, book an appointment with them to learn how they can help you.