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How to File a Birth Defect Claim

Parents who find out that their child has a disability that is congenital must contact a seasoned Pompano Beach birth defect lawyer as soon as possible. Unlike some other medical malpractice claims a birth injury lawsuit is subject to limited time limits.

Additionally, many birth defects or injuries could have been avoided. Victims deserve compensation.

Statute of Limitations

In the United States the statutes vary between states. The injured party may be barred from recovering damages if a legal claim is not filed within the specified time frame. A medical malpractice attorney can assist in ensuring a birth injury lawsuit is filed within the state's statute of limitations.

In some instances it can take a long time for an injury to manifest itself physically or in a developmental way. In these instances it can be difficult to determine when the statute of limitations first began or when it was the right time to file. A compassionate and skilled medical malpractice attorney can help you determine whether a birth defect lawsuit can be filed before the state's statute of limitation expires.

The first step in identifying the birth defect is to link it with the medical professionals that treated your child. In this process, bills as well as receipts and credit card records are crucial. Attorneys can also collect evidence through discovery which is a method of exchanging information between parties. This could include taking depositions of nurses, doctors and hospital personnel.

Congenital Disabilities

Congenital disabilities are structural issues present at birth and can affect how the body looks or works. They can range from mild to severe. Some are more obvious than others, like cleft lips or palates, while others are more difficult to spot.

Congenital disorders can result from genetic or other chromosomal issues. They may also be caused by infection in the womb during birth trauma, environmental influences, and medication taken by mothers. They can lead to long-term disability, which affects individuals, families and health care systems as well as societies. They contribute to the burden of mortality among infants and children under 5.

Neural tube defects and chromosomal diseases like Down syndrome, are among the most common causes of severe congenital disorders in children. Some congenital conditions are more common in certain ethnic groups, such as maternal age and consanguinity (parents descend from the same kinship). Others occur spontaneously or are caused by pharmacological or environmental factors. What determines if a person with a congenital disability is considered disabled is based on how severe the condition is, which organ or body area it affects and how much it impacts daily activities.

Medical Costs

Families with children suffering from severe birth defects are faced with massive medical costs. The cost of therapy, surgery and ongoing treatment for the condition, birth defect Lawsuit as well as the side effects that accompany it can be huge. The emotional stress of raising an physically impaired child can also take its toll on families. A lawyer with experience in birth defect cases can help victims get the justice they are entitled to.

Many congenital and genetic disorders can be treated or prevented in utero. Unfortunately, doctors may misdiagnose or fail to inform parents of test and screening results that could lead to discovery of birth defects. In these instances, parents may file a wrongful life claim against the medical professional.

It can be difficult to prove that a mistake made by a doctor caused a congenital disorder however, a seasoned Pompano Beach personal injury lawyer will evaluate the evidence to determine if an action is feasible. Contact an attorney right away to discuss your case. You have two years from the time you discovered or should have known about the injury to make a claim.

Lost Wages

A child born with birth defects will require extensive medical treatment which could cost thousands of dollars over their lives. This financial burden shouldn't be placed on families that didn't cause the problem. A skilled and understanding Pompano Beach injury lawyer can help parents consider their legal options.

Our lawyers are highly trained in medical malpractice cases and always put the client's best interests first. They will look into all circumstances that led to your baby's birth defect to determine whether any medical professionals who were involved with your child's delivery were responsible.

A successful claim may include the reimbursement of medical expenses such as hospitalizations and surgeries, prolonged treatments, and medication. It may also cover lost wages for parents that have to miss work to care for their children, a portion of future lost earnings and punitive damages when the drug manufacturer exhibited an unflinching disregard for the patient's safety. Contact us today to discuss your options.

Damages

Your family will require financial compensation for medical bills, lost income, and other expenses, regardless whether your child is suffering from an injury that is mild or severe. You'll need documents, such as payment receipts from credit cards, and bills, to prove your claim. The more you can provide more information, the better your claim will be.

Most birth defects are genetic and cannot be avoided. Some birth defects are caused through environmental factors or medications. For instance, a doctor prescribing a medicine to the mother that increases the chance of having a birth defect lawsuit defect could be held liable for negligence.

Being a parent of a child who has an injury from birth or a birth defect can be devastating for families and parents. However, with the assistance of a Pompano Beach birth defect lawyer, you can pursue justice for your family and ensure that negligent doctors are held 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 submitted successfully. Schedule a consultation today to find out more about how they can help you.