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How to File a Birth Defect Claim

Parents who discover their child has a disability that is congenital should consult an experienced Pompano Beach birth defect lawyer right away. Birth injury lawsuits are subject to a shorter period of limitations than other medical malpractice lawsuits.

Moreover, many birth defects or injuries could have been prevented. Victims require compensation.

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 attorney will help ensure that a birth injury lawsuit is filed within your state's statute of limitations.

In certain cases it takes time for an injury to manifest itself physically or in a developmental way. In these instances, it can be difficult to determine the date when the statute of limitation began or when a lawsuit ought to have been filed. A compassionate and skilled medical malpractice lawyer can help you determine if an action for birth defect lawsuit defects can be filed before your state's statute of limitations runs out.

The first step to identify the birth defect is to link it to the medical professionals who treated your child. Receipts, bills, credit card records and other records of medical treatments will be crucial in this process. Attorneys can also gather evidence through discovery that is the process of sharing information between parties. This includes taking depositions from nurses, doctors and hospital staff.

Congenital Disabilities

Congenital disorders are structural flaws that occur at birth and influence how the body appears or works. They range from mild to severe. Some are more noticeable than others, such as mouth or palate clefts while others are more difficult to spot.

Congenital disorders can be triggered by genetic or chromosomal abnormalities and infections in the womb, injuries during delivery, environmental influences on fetuses and uterus, or medications used by the mother. They cause long-term disabilities, which takes a toll on individuals, families as well as health systems and societies. They are a major cause of infant and child mortality.

Neural tube defects and chromosomal diseases like Down syndrome, are the leading causes of severe congenital disorders in children. Certain congenital disorders are more common among certain ethnic groups, mothers who are of an aforementioned age and parents that descend from the same lineage. Other congenital diseases are caused by pharmacological or environmental influences. What determines if a person with a congenital disability is considered disabled is contingent on how severe the condition is, which organ or body component it affects, and the extent to which it affects everyday life.

Medical Costs

Families with children who have serious birth defects face huge medical costs. The cost of surgeries, therapy and long-term treatment for the condition, as well as its associated effects can be a huge burden. Families can also be impacted by the emotional strain of raising a child suffering from physical impairment. A skilled lawyer with experience in birth defect cases can assist victims obtain the compensation they are entitled to for their loss.

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

Although it can be difficult to prove that a medical error resulted in a congenital impairment an experienced Pompano Beach injury attorney can review the evidence and determine if a claim can be viable. Get in touch with a lawyer today to discuss your case. You have two years from the time you were notified or had knowledge of the injury to claim compensation.

Lost Wages

A child born with a birth defect is likely to require extensive medical care, that could cost millions throughout their lives. This cost shouldn't fall on families that didn't cause the condition. A skilled and understanding Pompano Beach injury lawyer can help parents explore their legal options.

Our lawyers are highly trained in medical malpractice claims and always place the client's best interests first. They will look into all the factors that led to the birth defect in your child and determine if any medical experts involved in the child's birth ought to have been held accountable.

A successful claim may include compensation for medical costs like hospitalizations and surgeries, long-term treatments, and medications. It could also include the loss of earnings for parents who need to take time off to care for their children, a portion of the future loss of earnings and punitive damages in cases where the manufacturer of the medication displayed an utter disregard for patient safety. Contact us now to discuss your options, without obligation.

Damages

If your child is suffering from a severe or mild birth defect, your family will require an amount of money to cover medical bills, loss of income and other expenses. To help prove your claim, you will need to gather evidence such as receipts, bills, and credit card payments. The more you can provide the more evidence you can provide, the greater your reward.

Most birth defects are caused by genetic factors and cannot be prevented by physicians. However, there are some that are due to the environment or medications. A doctor who prescribes a medicine to a mother that increases her chance of developing an abnormal birth could be held responsible for negligence.

A child born with an injury or birth defect could be a devastating experience for parents and their families. With the help of a Pompano Beach lawyer for birth defects and birth defects, you can pursue justice for your family. You can also ensure that negligent doctors will be held accountable. Menzer Law can help you to navigate the medical malpractice claims process. They will guide you through each step and ensure that your claim is submitted successfully. To find out more, set up a consultation to find out how they can help you.