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How to File a Birth Defect Claim

Parents who find out that your child has a congenital defect must contact a Pompano Beach birth defect lawyer as soon as they can. Unlike some other medical malpractice lawsuits, birth injury lawsuits have limited time limits.

In addition, many birth defects and injuries could have been prevented. Victims deserve compensation.

Statute of Limitations

In the United States, the statutes of limitations vary from state to state. Legal claims must be filed within this period otherwise the person who was injured may not be able claim damages. A medical malpractice lawyer can assist in ensuring a birth injury lawsuit is filed within your state's statute of limitations.

In some cases, it takes a while for an injury to manifest itself physically or develop. In these instances it is usually difficult to determine when the statute of limitations first began or when it was the right time to file. A skilled and empathetic medical malpractice attorney will help you determine if an action for birth defect lawsuits defects can be filed before your state's statute of limitations expires.

The first step is to determine the birth defect and connect it to the medical professionals who treated your child. The receipts, bills as well as credit card records and other records of medical treatments will be crucial in this process. Attorneys can also gather evidence through discovery, which is a process of exchanging information between two parties. This can include taking depositions from nurses, doctors and hospital personnel.

Congenital Disabilities

Congenital disabilities are structural defects which can affect how the body looks and functions. From mild to serious, they can affect the body in many ways. Some are more obvious than others, like the cleft palate or lips while others are harder to detect.

Congenital problems can be caused by genetic or other chromosomal disorders. They can also be caused by infections in the womb during pregnancy trauma, environmental influences as well as medications taken by mothers. They cause long-term disability, which takes a toll on individuals, families, health care systems and societies. They contribute to the high burden of mortality among infants and children under 5.

Neural tube defects and chromosomal diseases, such as Down syndrome, are the leading 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). Other congenital ailments are caused by pharmacological or environmental influences. The degree of the congenital disability as well as the organs and body parts it affects, as as how much it interferes in daily life, will determine whether an individual is considered disabled.

Medical Costs

Families who have children with severe birth defects are confronted with huge medical expenses. The costs of surgery, therapy and long-term treatment for the condition and the side effects that accompany it can be enormous. Families can also be impacted by the emotional strain of caring for a child with physical disabilities. A skilled lawyer with experience in birth defect cases can help victims receive the compensation they are entitled to for their losses.

A number of genetic and congenital disorders are treatable or preventable utero. Unfortunately, doctors often misdiagnose or fail to inform parents of tests and screening results which could lead to the discovery of birth defects. In these cases parents may seek compensation for unjustified death against the medical professional.

Although it's difficult to prove that a mistake by a doctor resulted in a congenital impairment, an experienced Pompano Beach injury attorney will review the evidence and determine if a claim can be feasible. Contact a lawyer right away to discuss your case. You have two years from the date you discovered or should have known about the injury to file a claim.

Lost Wages

A child born with a birth defect will likely require a lot of medical attention, which can cost a lot in their lifetime. This cost shouldn't fall on families that didn't contribute to the problem. A knowledgeable and compassionate Pompano Beach injury lawyer can assist parents in exploring their legal options.

Our lawyers are well-trained in medical malpractice claims and always consider the best interests of the client first. They will investigate all of the factors that led to your child's birth defect and identify whether any medical experts involved in the delivery of your child should have been held to account.

A successful claim may include reimbursement for medical expenses like hospitalizations and surgeries, long-term treatments, and prescriptions. Parents who are forced to take time off work to care for their child may also be entitled to lost wages, a portion in future lost earnings, or punitive damages if a drug manufacturer did not take the proper precautions to ensure the safety of patients. 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 financial compensation to cover medical bills, loss of income and other expenses. To support your claim, it is necessary to gather documents like bills, receipts and credit card charges. The more documents you can provide the more evidence you can provide, the greater your reward.

Most birth defects are genetic in nature and are not preventable. Certain birth defects are caused by environmental factors or drugs. For example, a doctor prescribing medication to a mother that increases the chance of having a birth defect can be held accountable for negligence.

A child born with an injury or defect at birth could be a devastating experience for parents and their families. With the assistance of a Pompano Beach lawyer for birth defects you can seek justice for your family. You can also ensure that negligent doctors will be held accountable. The team at Menzer Law understands the difficulties of a medical negligence claim and will guide you through each step to make sure your claim is successfully filed. Set up a consultation today to learn more about how they can assist you.