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How to File a Birth Defect Claim

Parents who find out that their child suffers from a congenital disability should seek out an experienced Pompano Beach birth defect lawyer as soon as possible. Contrary to other medical malpractice lawsuits, the birth injury lawsuit has the benefit of a shorter statute of limitations.

In addition, many birth injuries and birth defects could have been prevented. Hence, victims need compensation.

Statute of limitations

In the United States, the statutes of limitations vary from state to state. The party who was injured could be barred from pursuing damages when a legal claim is not filed within the stipulated time period. A medical malpractice attorney can help ensure a birth injury lawsuit is filed within the state's statute of limitations.

In certain instances, an injury may take longer to manifest physically or develop. In these cases it can be a challenge to determine when the statute of limitation was set or when a lawsuit should have been filed. A skilled and empathetic medical malpractice attorney will help you determine if a birth defect lawsuit can be filed before the state's statute of limitations runs out.

The first step to identify the birth defect is to connect it to the medical professionals that treated your child. Bills, receipts as well as credit card records as well as other documentation of medical treatment are important in this process. Attorneys can also collect evidence through discovery that is the process of exchanging information between two parties. This could involve taking depositions of nurses, doctors and hospital staff.

Congenital Disabilities

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

Congenital problems can be caused by genetic or other chromosomal abnormalities. They can also be caused by infections during the birth process trauma, environmental factors, and medication taken by mothers. They can lead to long-term disabilities and have a negative impact on people and their families, as well as the health care system, and society. They contribute to the high burden of neonatal and under-5 mortality.

The most common causes of severe congenital disability in children are neural tube defects and chromosomal conditions like Down syndrome. Certain congenital disorders are more prevalent in certain ethnic groups, such as maternal age and consanguinity (parents descend from the same kinship). Other congenital disorders are caused by pharmacological or environmental influences. The extent of the congenital impairment and the organs or body parts it affects, as well as how much it hinders in daily life will determine if a person is considered disabled.

Medical expenses

Families with children suffering from severe birth defects are faced with huge medical expenses. This includes the cost of permanent treatment and therapy, as well as surgery for the condition and its negative side effects. Families can also be affected by the emotional strain of raising a child with physical disabilities. An experienced lawyer who has handled birth defect cases will assist victims get the compensation they deserve.

A variety of genetic and congenital disorders are treatable or preventable utero. Doctors often misdiagnose or fail to inform parents of screening and tests that may have led to the discovery of birth defects. In these instances, parents could make a claim for wrongful life against the medical provider.

It is difficult to prove that a mistake made by a doctor resulted in a congenital problem, but an experienced Pompano Beach personal injury lawyer can evaluate the evidence to determine if your claim is valid. Contact a lawyer as soon as possible to discuss your case. You have two years to file a claim once you discover or discovered the injury.

Lost Wages

A child born with a birth defect will likely require extensive medical treatment, which can cost a lot throughout their lifetime. This financial burden shouldn't be placed on families that did not cause the problem. A Pompano Beach injury attorney who is knowledgeable and understanding can help parents explore legal options.

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

A successful claim could include the reimbursement of medical expenses such as hospitalizations, surgeries, extended treatments, and prescriptions. It may also cover lost earnings for parents who need to leave to care for their children, a percentage of future lost earnings and punitive damages when the drug manufacturer displayed an utter disregard for patient safety. Contact us today to discuss your options.

Damages

No matter if your child is suffering from an acute or mild birth issue, your family may require money to pay for medical bills, loss in income as well as other costs. To help prove your claim, you have to collect documents such as receipts, bills, and credit card payments. The more evidence you are able to provide, your award will be higher.

Most birth defects are genetic and cannot be cured. Some birth defects are caused by environmental factors or medications. For instance, a physician prescribing medication to a mother that increases the chance of having a birth defect attorney defect could be held liable for negligence.

The birth of a child with a birth injury or a birth defect can be a devastating experience for parents and families. However, with the help of a Pompano Beach birth defect lawyer to pursue justice for your family and ensure that negligent doctors are accountable. The team at Menzer Law understands the difficulties of a medical malpractice case and will guide you through every step to ensure that your claim is filed successfully. Contact them today to learn more about how they can help you.