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How to File a Birth Defect Claim

Parents who discover their child is suffering from a congenital defect must contact a Pompano Beach birth defects lawyer as soon as they can. Contrary to other medical malpractice lawsuits, a birth injury lawsuit has a short statute of limitations.

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 between states. The victim may be unable to recover damages in the event that a legal claim was not filed within the specified timeframe. A medical malpractice lawyer can assist in ensuring that the 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 began or when it should have been filed. A medical malpractice lawyer who is skilled and compassionate will help you determine if a lawsuit involving birth defects is possible before the statute of limitations expires in your state.

The first step in identifying the birth defect is to link it to the medical professionals that treated your child. In this process, bills, receipts and credit card records will be crucial. Attorneys can also collect evidence through discovery which is the process of transferring information between parties. This could involve taking depositions of doctors, nurses and hospital staff.

Congenital Disabilities

Congenital disabilities are structural defects that can affect the way the body appears and performs. They can range from mild to severe. Some are more obvious than others, such as lip or palate clefts while others are harder to detect.

Congenital diseases can be caused by chromosomal or genetic abnormalities such as infection in the womb, injuries during birth, environmental influences on fetuses inside the uterus, or medications taken by the mother. They can lead to long-term disability, which takes a toll on families, individuals and health care systems as well as societies. They contribute to the high mortality rate of infants and children younger than five.

Neural tube defects and chromosomal disorders, such as Down syndrome, are the most frequent causes of severe congenital disorders in children. Certain congenital conditions are more common in certain ethnic groups, due to maternal age and consanguinity (parents descend from the same kinship). Other congenital conditions are caused by environmental or pharmacological influences. Whether a person with a congenital disability is disabled is determined by how severe the condition is, which organ or body part it affects, as well as how much it interferes with daily life.

Medical Expenses

Families who have children with severe birth defects are faced with enormous medical costs. The cost of therapy, surgery and lifelong treatment for the condition and its associated effects are often enormous. Families can also be affected by the emotional strain of raising a child with physical disabilities. A knowledgeable lawyer who is experienced in birth defect cases can assist victims receive the compensation they are entitled to for their losses.

Many genetic and congenital diseases can be prevented or treated in the uterus. Doctors can misdiagnose certain conditions or fail to inform parents of screening or tests that may have resulted in the identification of birth defects. In these instances, parents could bring a wrongful death claim against the medical provider.

It's hard to prove a doctor's mistake resulted in a congenital problem, but an experienced Pompano Beach personal injury lawyer can evaluate the evidence to determine whether an action is feasible. Contact an attorney as soon as possible to discuss your case. You have two years to file a claim if you discover or discovered the injury.

Lost Wages

A child born with an anomaly in the birth will likely require extensive medical treatment which can cost a lot throughout their lives. This financial burden shouldn't fall on families that didn't cause the problem. A Pompano Beach injury lawyer who is competent and understanding can assist parents to explore legal options.

Our lawyers are well-trained in medical malpractice cases and always place the client's best interests first. They will investigate all the circumstances that led to your baby's birth defect to determine whether any medical professionals who were involved in the birth of your child were accountable.

A successful lawsuit could include compensation for medical costs such as hospitalizations, procedures, long-term treatments and medications. Parents who have to miss work to take care of their child may also be entitled to lost wages, a portion in future lost earnings, or punitive damages if the manufacturer of the medication showed a flagrant disregard for patient safety. Contact us today to discuss your options, without obligation.

Damages

Your family may 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. To prove your claim, you have to gather documents like receipts, bills and credit card transactions. The more evidence you can offer, the higher your award.

Most birth defect lawyer defects are caused by genetic factors and cannot be prevented by physicians. However, some of them are related to environmental factors or medication. A doctor who prescribes medication to a mother, which increases her risk of having an ailment during birth could be held responsible for negligence.

Having a baby with a birth injury or a birth defect can be devastating for parents and families. With the help 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. Menzer Law can help you navigate the medical malpractice claim process. They will guide you through each step and ensure that your claim is successfully filed. For more information, schedule a consultation to find out how they can help you.