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How to File a Birth Defect Claim

Parents who discover that their child suffers from a congenital disability should contact an experienced Pompano Beach birth defect lawyer immediately. Birth injury lawsuits are subject to a shorter statute of limitations than other medical malpractice lawsuits.

Moreover, many birth defect lawyers defects or injuries could have been avoided. Victims deserve compensation.

Statute of limitations

In the United States, the statutes of limitations vary from state to state. A legal claim must be filed within the timeframe otherwise the person who was injured may not be able to claim damages. A medical malpractice lawyer will ensure that a claim for birth injury is filed within the time limit set by the statute of limitations in your state.

In some instances it can take a long time for an injury to manifest itself physically or develop. In these cases, it is often difficult to determine when the statute of limitations first began or when it should have been filed. A medical malpractice lawyer who is experienced and compassionate can help determine if a lawsuit for birth defects can be filed before the statute of limitations runs out in your state.

The first step is to pinpoint the birth defect and connect it to the medical professionals who treated your child. In this process, bills or receipts as well as credit card records will be vital. Attorneys can also collect information through discovery, a procedure that involves sharing information with other parties. This could involve taking depositions of doctors, nurses, and hospital staff.

Congenital Disabilities

Congenital disabilities are structural issues that occur at birth and influence how the body appears or functions. Mild to severe, they can affect the body in many ways. Some are more noticeable 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 due to infection during the birth process, trauma, environmental influences as well as medications taken by mothers. They can cause long-term disability which can be detrimental to individuals, families as well as health systems and societies. They contribute to the high mortality rate of newborns and children less than five.

The main causes of severe congenital disabilities in children are neural tube defects and chromosomal diseases, such as Down syndrome. Certain congenital conditions are more prevalent in certain ethnic groups, such as maternal age and consanguinity (parents descend from the same kinship). Others are caused by a natural process or are related to pharmacological or environmental factors. The extent of the congenital impairment as well as the organs and body parts it affects, as as how much it interferes with daily activities will determine if a person is considered disabled.

Medical expense

Families with children who have severe birth defects are faced with massive medical costs. The cost of surgeries, therapy and long-term treatment for the condition, as well as its repercussions can be a huge burden. The emotional strain of raising a physically impaired child can also take its toll on families. An attorney with experience in birth defect cases will help victims receive the compensation they deserve.

Many congenital and genetic disorders can be prevented or treated in utero. Doctors can misdiagnose certain conditions or fail to inform parents of screening and test results that could have resulted in the discovery of birth defects. In these instances, parents may pursue a wrongful-life claim against the medical provider.

It's hard to prove a doctor's mistake caused a congenital condition however an experienced Pompano Beach personal injury lawyer can evaluate the evidence to determine whether your claim is valid. Contact an attorney as soon as possible to discuss your case. You have two years from the date you were notified or been aware of the injury to submit a claim.

Lost Wages

A child born with a birth defect could require a lot of medical attention, which can cost a lot over the course of their lives. This financial burden shouldn't be placed on families that didn't contribute to the problem. A Pompano Beach injury lawyer who is knowledgeable and understanding can help parents explore legal options.

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

A successful case could result in the reimbursement of medical expenses such as hospitalizations and procedures, long-term treatments and medication. Parents who have to miss work to take care of their children may also be entitled to compensation for lost wages, a portion in future earnings lost or punitive damages if the drug manufacturer displayed a blatant disregard for the safety of patients. Contact us today to discuss your options without any obligation.

Damages

Whether your child suffers from a mild or severe birth issue, your family may require financial compensation to cover medical bills, loss of income and other expenses. You'll need to gather documents, such as payment receipts from credit cards, and bills, to support your claim. The more documents you can provide the more evidence, the greater your payout.

Most birth problems are genetic and cannot be prevented. However, there are some that are caused by environmental factors or medications. A doctor who prescribes a drug to a mother, which increases her risk of having an ailment during birth could be held accountable for negligent.

A child born with an injury or birth defect law firm defect could be a devastating experience for parents and their families. However, with the help of a Pompano Beach birth defect lawyer and pursue justice for your family and ensure that negligent doctors are accountable. Menzer Law can help you with the medical malpractice claims process. They will guide you through each step and ensure that your claim is filed successfully. To learn more, schedule an appointment to discuss how they can help.