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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 law firms defect lawyer right away. A birth injury lawsuit is subject to a shorter period of limitations than other medical malpractice claims.

Moreover, many birth defects or injuries could have been avoided. Victims of abuse need compensation.

Statute of Limitations

In the United States the statutes vary from state to state. Legal claims must be filed within this period otherwise the person who was injured may not be able to claim damages. A medical malpractice lawyer can make sure that a suit for birth injuries is filed within the time limit set by the statute of limitations in your state.

In some cases it takes a while for an injury to manifest itself physically or developmentally. In these instances it is often difficult to determine when the statute of limitations started or when it should have been filed. A knowledgeable and compassionate medical malpractice attorney can help you determine whether a birth defect lawsuit can be filed before the state's statutes of limitations expire.

The first step is to pinpoint the birth defect and connect it to the medical specialists who treated your child. For this, the bills, receipts and credit card records will be vital. Attorneys can also gather information through discovery, a process which involves exchanging information with different parties. This could involve taking depositions of doctors, nurses and hospital personnel.

Congenital Disabilities

Congenital disabilities are structural defects that are present at birth and influence how the body appears or works. They range from mild to severe. Some are more noticeable than others, like the cleft palate or lips while others are more difficult to identify.

Congenital diseases can be caused by genetic or chromosomal abnormalities such as infection in the womb, injuries during delivery, environmental impacts on fetuses within the uterus, and medication taken by the mother. They can lead to long-term disability, which affects families, individuals as well as health care systems and societies. They contribute to the high burden of infant mortality and neonatal deaths.

Neural tube defects as well as chromosomal disorders, such as Down syndrome, are among the leading causes of severe congenital disabilities in children. Certain congenital disorders are more prevalent in certain ethnic groups, mothers who are of the same age, and parents who descend from the same lineage. Other congenital disorders are caused by pharmacological or environmental influences. The extent of the congenital impairment as well as the organs and body parts it affects, as well as the degree to which it affects with daily activities, will determine whether a person is considered disabled.

Medical expense

Families who have children with severe birth defects are faced with massive medical costs. This includes the cost of lifelong treatment or surgery, as well as therapy for the condition and its side effects. The emotional strain of caring for a child with physical impairment can also be a burden on families. An attorney with experience in birth defect cases will help victims get the justice they deserve.

A variety of congenital and genetic diseases are treatable or preventable in the uterus. Doctors sometimes misdiagnose conditions or fail to inform parents of screening or test results that could have resulted in the identification of birth defects. In these instances, parents could make a claim for wrongful life against the medical provider.

It is difficult to prove a doctor's mistake resulted in a congenital problem but a skilled Pompano Beach personal injury lawyer can assess the evidence to determine whether the claim is a possibility. Contact an attorney immediately to discuss your case. You have two years from the date you were notified or been aware of the injury to make a claim.

Lost Wages

A child born with a birth defect will likely require extensive medical treatment, which can cost millions over their lifetime. It's unjust that this financial burden should be placed on families who did not cause the problem. A knowledgeable and compassionate Pompano Beach injury lawyer can assist parents to explore their legal options.

Our lawyers are highly trained in medical malpractice claims and always consider the best interests of the client first. They will look into all the circumstances surrounding the birth defect in your child and identify whether any medical professionals involved in your child's delivery should have been held accountable.

A successful claim may include compensation for medical costs like hospitalizations and surgeries, prolonged treatments, and medications. Parents who have to miss work to take care of their child may also be entitled to compensation for lost wages, a portion in future lost earnings, or punitive damages if the manufacturer of the medication has shown a clear disregard for patient safety. Contact us now to discuss your options without any obligation.

Damages

Your family will require monetary compensation for medical expenses, lost income and other expenses, regardless whether your child has an issue that is severe or birth defect lawsuit mild. To support your claim, you have to collect documents such as receipts, bills and credit card payment. The more evidence you are able to provide, the more likely your claim will be higher.

Most birth defects are caused by genetic factors and can't be cured by doctors. Certain birth defects are caused by environmental factors or drugs. For instance, a doctor prescribing a drug to the mother that increases the risk of a birth defect can be held liable for negligence.

A child born with an injury or defect in the birth can be devastating to parents and their families. With the help 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 to navigate the medical malpractice claims process. They will guide you through each step and ensure that your claim is properly filed. To learn more, book an appointment to discuss how they can help you.