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How to File a Birth Defect Claim

Parents who discover that their child has a disability that is congenital must contact a seasoned Pompano Beach birth defect lawyer immediately. Unlike some other medical malpractice claims a birth injury lawsuit has the benefit of a shorter statute of limitations.

Moreover, many birth defects or injuries could have been avoided. 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 the timeframe or the injured party may not be able to claim damages. A medical malpractice attorney can assist in ensuring that the 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 is often difficult to determine when the statute of limitations started or when it was the right time to file. A skilled and empathetic medical malpractice attorney can assist you in determining whether an action for birth defects can be filed before the state's statute of limitation expires.

The first step to identify the birth defect is to link it to the medical professionals who treated your child. In this process, bills receipts, receipts, and credit card records will be crucial. Attorneys can also gather evidence through discovery, which is a process of exchanging information between two parties. This may include taking depositions of doctors, nurses, and hospital staff.

Congenital Disabilities

Congenital disabilities are structural defects that affect how the body looks and performs. Mild to severe, they can affect the body in a variety of ways. Certain are more apparent than others, for instance the cleft palate and lips and others, while some are harder to spot.

Congenital disorders can be caused due to chromosomal or genetic defects or infections in the womb, injuries during delivery, environmental influences on fetuses within the uterus, or medications that the mother takes. They cause long-term disability, which takes a toll on individuals, families and health care systems as well as societies. They contribute to the high mortality rate of neonates and children under five.

The most frequent causes of congenital disabilities in children are neural tube defects and chromosomal conditions like Down syndrome. Certain congenital diseases are more prevalent in certain ethnic groups, maternal age and consanguinity (parents descend from the same kinship). Other congenital disorders are caused by environmental or pharmacological influences. If a person who has a congenital disability is disabled is determined by how severe the condition is and what organ or body part it affects, as well as how much it impacts everyday life.

Medical expenses

Parents of children with serious birth defects face huge medical expenses. These include the cost of a lifetime of treatment with therapy and surgery to treat the condition and its resulting negative side effects. The stress of raising physically impaired children can also be a burden on families. A knowledgeable lawyer who has experience in birth defect cases can help victims receive the compensation that they are entitled to for their losses.

A number of congenital and genetic diseases are treatable or preventable in the uterus. Doctors may misdiagnose problems or fail to inform their parents of screening or test results that could have resulted in the identification of birth defects. In these cases parents may be able to make a claim for wrongful death against the medical provider.

It can be difficult to prove a doctor's mistake resulted in a congenital problem however, a seasoned Pompano Beach personal injury lawyer will 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 after you have discovered or should have discovered the injury.

Lost Wages

A child born with birth defects will require a lot of medical attention, which could cost millions of dollars throughout their lives. This financial burden shouldn't fall on families that did not cause the problem. A qualified and empathetic Pompano Beach injury lawyer can assist parents to explore their legal options.

Our solicitors are expertly trained in medical negligence claims and place the best interests of clients at the core of their work. They will examine all of the circumstances that led to the birth defect in your child and determine if any medical experts involved in the birth of your child should have been held to account.

A successful lawsuit could include compensation for medical costs like hospitalizations and surgeries, long-term treatments, and medications. It may also include lost wages for parents that have to to care for their children, a portion of the future loss of earnings and punitive damages in cases where the drug manufacturer showed a blatant disregard for patient safety. Contact us today to discuss your options.

Damages

Your family will require financial compensation for medical bills, lost income, and other expenses regardless whether your child is suffering from a serious or mild defect. To help prove your claim, it is necessary to collect documents such as receipts, bills and credit card charges. The more evidence you can offer the more evidence, the greater your payout.

The majority of Birth Defect Lawyers defects are genetic in nature and cannot be avoided. 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 responsible for negligence.

Being a parent of a child who has an injury to their birth or a birth defect law firm defect can be a devastating experience for families and parents. But with the assistance 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 navigate the medical malpractice claim process. They will guide you through each step and ensure that your claim is filed successfully. To learn more, schedule a consultation to find out how they can help.