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How to File a Birth Defect Claim

Parents who find out that their child suffers from a congenital defect should consult a Pompano Beach birth defects lawyer as soon as they can. Unlike some other medical malpractice cases, a birth injury lawsuit has a short statute of limitations.

In addition, many birth defects and injuries could have been prevented. Therefore, victims require compensation.

Statute of limitations

In the United States, the statutes of limitations differ from state to state. Legal claims must be filed within this time frame otherwise the person who was injured may not be able to claim damages. A medical malpractice lawyer can help ensure the birth injury lawsuit is filed within your state's statute of limitations.

In some cases it can take a long time for an injury to manifest physically or develop. In these instances it can be a challenge to determine when the statute of limitation was set or when a lawsuit ought to have been filed. A compassionate and skilled medical malpractice lawyer can help you determine whether an action for birth 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 experts who treated your child. Receptions, bills as well as credit card records and other evidence of medical treatment are important in this process. Attorneys can also gather information through discovery, a procedure that involves sharing information with other parties. This could include taking depositions from doctors, nurses and hospital personnel.

Congenital Disabilities

Congenital disabilities are structural issues present at birth that can influence how the body appears or works. From mild to severe they can affect the body in a variety of ways. Some are more obvious than others, for instance cleft lips and palates while others are more difficult to detect.

Congenital disorders can be caused by genetic or other chromosomal anomalies. They may be caused by infections in the womb during delivery trauma, environmental influences and lawyers the use of medications by mothers. They cause long-term disabilities, which affects individuals, families, health care systems and societies. They contribute to the high burden of neonatal and under-5 mortality.

The main causes of severe congenital disability in children are neural tube defects and chromosomal conditions, such as Down syndrome. Certain congenital diseases are more prevalent in certain ethnic groups, due to maternal age and consanguinity (parents descend from the same kinship). Others occur spontaneously or are related to pharmacological or environmental factors. The degree of the congenital disability the organs or body parts it affects, as as how much it hinders with daily activities, will determine whether the person is disabled.

Medical Expenses

Families with children suffering from severe birth defects are confronted with massive medical costs. These include the cost of lifelong treatment or surgery, as well as therapy for the condition and its resulting side effects. The emotional strain of raising an physically impaired child can also take its toll on families. A skilled lawyer with experience in birth defect cases can help victims get the compensation they deserve for their losses.

Many genetic and congenital diseases can be prevented or treated in the uterus. Doctors sometimes misdiagnose conditions or fail to inform their parents of screening or test results that could have led to the discovery of birth defects. In these cases parents may bring a lawsuit for wrongful death against the medical provider.

It is difficult to prove a doctor's mistake caused a congenital condition however, a seasoned Pompano Beach personal injury lawyer can assess the evidence to determine if your claim is valid. Contact an attorney immediately to discuss your case. You have two years from the date you were notified or had knowledge of the injury to make a claim.

Lost Wages

A child born with a birth defect could require extensive medical treatment, which can cost a lot over their lives. This financial burden shouldn't fall on families that didn't contribute to the problem. A Pompano Beach injury lawyer who is qualified and sympathetic can help parents explore legal options.

Our lawyers are highly trained in medical malpractice claims and always ensure that the best interests of the client are first. They will examine all of the causes of your child's birth defect and identify whether any medical experts involved in the child's birth defect lawyer ought to have been held accountable.

A successful claim may include compensation for medical costs like hospitalizations and surgeries, long-term treatments, and medications. Parents who have to take time off work to take care of their child may also be entitled to lost wages, a percentage of future earnings loss or punitive damages if the pharmaceutical company displayed a blatant disregard for the safety of patients. Contact us now to discuss your options, without obligation.

Damages

If your child is suffering from a mild or severe birth defect, your family needs monetary compensation to cover medical bills, loss of income, and other expenses. You'll need documents, Lawyers such as credit card payments, receipts and bills to prove your claim. The more evidence you can offer more information, the better your claim will be.

Most birth defects are caused by genetic factors and cannot be controlled by physicians. Certain birth defects are caused through environmental factors or medications. A doctor who prescribes a medication to a mother which increases her chances of having a birth defect could be held accountable for negligence.

A child born with an injury or defect at birth can be devastating to 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 are held accountable. Menzer Law can help you navigate the medical malpractice claims process. They will guide you through every step and ensure that your claim is properly filed. Schedule a consultation today to find out more about how they can assist you.