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How to File a Birth Defect Claim

Parents who discover their child has a disability that is congenital should contact an experienced Pompano Beach birth defect lawyer immediately. Birth injury lawsuits are subject to a shorter time limit of limitations than other medical malpractice claims.

Additionally, a lot of birth injuries and defects could have been avoided. Therefore, victims deserve 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 person who was injured may not be able recover damages. A medical malpractice lawyer will help ensure that the birth injury lawsuit is filed within your state's statute of limitations.

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

The first step is identifying the birth defect and connect it to the medical professionals who treated your child. In this process, medical bills, receipts and credit card records will be vital. Attorneys can also gather evidence through discovery which is the process of exchanging information between two parties. This includes taking depositions from doctors, nurses and hospital personnel.

Congenital Disabilities

Congenital disabilities are structural defects present at birth and can affect how the body looks or functions. From mild to serious, they can alter the body's appearance in many ways. Some are more visible than others, like cleft lips or palates, while others are harder to detect.

Congenital disorders may be caused by chromosomal and genetic anomalies such as infection in the womb, injuries during delivery, environmental influences on fetuses within the uterus, and medications taken by the mother. They can lead to long-term disability, which affects families, individuals, health care systems and societies. They contribute to the burden of infant and child mortality.

The most frequent causes of congenital disabilities in children are neural tube defects and chromosomal disorders, such as Down syndrome. Some congenital disorders are more prevalent in certain ethnic groups, mothers of an age group and parents that descend from the same lineage. Other congenital diseases are caused by pharmacological or environmental influences. The extent of the congenital impairment the organs or body parts it affects, as well as how much it hinders in daily activities, will determine whether someone is considered disabled.

Medical expenses

Families with children suffering from serious birth defect litigation defects face huge medical expenses. The cost of surgery, therapy and long-term treatment for the condition, as well as its side effects can be enormous. Families can also be affected by the emotional stress of raising a child suffering from physical impairment. An experienced lawyer who has handled birth defect cases will help victims get the money they are due.

Many congenital and genetic disorders can be prevented or treated in utero. Doctors often misdiagnose or fail to inform their parents of screening or test results that could have resulted in the discovery of birth defect case defects. In these instances parents may be able to bring a lawsuit for wrongfully dying against the medical provider.

It can be difficult to prove that a mistake made by a doctor caused a congenital disorder, but an experienced Pompano Beach personal injury lawyer can review the evidence to determine if a claim is viable. Contact an attorney immediately to discuss your case. You have two years from the date you found or should have had knowledge of the injury to file a claim.

Lost Wages

A child born with birth defects requires extensive medical treatment that could cost millions of dollars throughout their lives. This financial burden shouldn't fall on families that did not cause the problem. A Pompano Beach injury attorney who is experienced and compassionate can help parents explore legal options.

Our lawyers are well-trained in medical malpractice claims and always consider the best interests of the client first. They will examine all circumstances that led to your baby's birth defect to determine the medical professionals who assisted in the delivery of your child were accountable.

A successful claim may include reimbursement for medical expenses such as hospitalizations and surgeries, prolonged treatments, and medication. Parents who have to miss work to take care of their child may also be entitled for lost wages, a portion of future earnings lost or punitive damages if the pharmaceutical company did not take the proper precautions to ensure patient safety. Contact us today to discuss your options without any obligation.

Damages

Your family will need monetary compensation for medical expenses, lost income and other expenses regardless whether your child has an injury that is mild or severe. You will need to gather documents, like credit card transactions, receipts and bills to prove your claim. The more evidence you can provide, the greater your payout will be higher.

Most birth defects are genetic and cannot be prevented. However, there are some that are linked to external factors or medications. For instance, a physician prescribing medication to a mother that increases the chance of having a birth defect can be held liable for negligence.

The birth of a child with an injury to their birth or a birth defect can be devastating for parents and families. However, with the help of a Pompano Beach birth defect lawyer, birth defect lawyer you can 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 they can guide you through each step to make sure your claim is successfully filed. Call today to find out more about how they can assist you.