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How to File a Birth Defect Claim

Parents who discover their child has a congenital disability should seek out an experienced Pompano Beach birth defect lawyer immediately. 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. Thus, victims should be compensated.

Statute of limitations

In the United States the statutes vary from one state to the next. The party who was injured could be denied damages should a legal action not filed within the stipulated time period. 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 time for an injury to manifest physically or in a developmental way. In these instances it can be a challenge to determine when the statute of limitations began or when a lawsuit should have been filed. A skilled and empathetic medical malpractice lawyer can assist you in determining whether a birth defect lawsuit can be filed before the state's statute of limitations runs out.

The first step is to determine the birth defect and link it to the medical professionals who treated your child. Bills, receipts as well as credit card records and other records of medical treatments will be crucial in this process. Attorneys can also gather information through discovery, a procedure that involves sharing information with other parties. This may include taking depositions from nurses, doctors and hospital staff.

Congenital Disabilities

Congenital disabilities are structural issues present at birth and can affect how the body looks or performs. Mild to severe, they can affect the body in many ways. Some are more obvious than others, such as the cleft palate or lips, while others are harder to detect.

Congenital conditions can be caused by genetic or other chromosomal disorders. They can also be caused by infections in the womb during delivery or trauma, environmental influences, and medication taken by mothers. They cause long-term disabilities, which affects families, individuals as well as health systems and societies. They contribute to the high burden of infant mortality and neonatal deaths.

Neural tube defects and chromosomal disorders like Down syndrome, are the leading causes of severe congenital disabilities in children. Some 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 conditions are triggered by nature or are linked to environmental or pharmacological factors. The severity of the congenital disability, which organs or body parts it affects, as well as how much it hinders in daily life, will determine whether someone is considered disabled.

Medical expense

Families with children suffering from severe birth defects are confronted with huge medical expenses. This includes the cost of permanent treatment or surgery, as well as therapy for the condition as well as its adverse effects. The emotional strain of caring for a child with physical impairment can be very hard on families. A skilled lawyer who is experienced in birth defect cases can help victims get the compensation they deserve for their losses.

Many congenital and genetic diseases 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 resulted in the discovery of birth defects. In these cases, the parents may file a wrongful life claim against the medical provider.

It can be difficult to prove that a medical error caused a congenital defect, but an experienced Pompano Beach personal injury lawyer can assess the evidence to determine if an action is feasible. Contact an attorney immediately to discuss your case. You have two years to file a claim if you discover or should have discovered the injury.

Lost Wages

A child born with a birth defect could require extensive medical treatment which could cost millions in their lifetime. It's unfair that this financial burden be borne by families that didn't cause the condition. A Pompano Beach injury attorney who is experienced and compassionate can assist parents to explore legal options.

Our solicitors are well-trained in medical negligence claims and place the best interests of clients at the forefront of their work. They will investigate all circumstances that led to your baby's birth defect to determine if any medical professionals involved in the delivery of your child are responsible.

A successful claim could include compensation for medical costs like hospitalizations and surgeries, prolonged treatments, and medication. It may also cover lost earnings for parents who have to miss work to care for their children, a percentage of the future loss of earnings and punitive damages if the manufacturer of the medication displayed a blatant disregard for patient safety. Contact us today to discuss your options.

Damages

Your family will need monetary compensation for medical expenses, lost income and other expenses, regardless of whether your child suffers from an injury that is mild or severe. You'll need to gather documents, such as payment receipts from credit cards, and bills, to support your claim. The more evidence you are able to provide, the greater your payout will be greater.

Most birth problems are genetic and cannot be prevented. Certain birth defects are caused by environmental factors or drugs. For example, a doctor prescribing a drug to the mother that increases the risk of a birth defect attorney defect could be held liable for negligence.

A baby born with an injury or birth defect lawsuit defect can be a tragedy for parents and their families. But with the assistance of a Pompano Beach birth defect lawyer and 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. Set up a consultation today to learn more about how they can assist you.