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How to File a Birth Defect Claim

Parents who discover that their child has a congenital disability must contact a seasoned Pompano Beach birth defect lawyer right away. Birth injury lawsuits are limited to a shorter duration of limitations than other medical malpractice claims.

Additionally, a lot of birth injuries and birth defects could have been avoided. Therefore, victims require compensation.

Statute of Limitations

In the United States, the statutes of limitations vary from state to state. The party who was injured could be denied damages in the event that a legal claim was not filed within the specified time frame. A medical malpractice lawyer can guarantee that a birth injury suit is filed within the statute of limitations in your state.

In some instances, it takes a while for an injury to manifest itself physically or develop. In these cases it is often 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 attorney can help you determine whether a birth defect lawsuit can be filed before your state's statute of limitations expires.

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

Congenital Disabilities

Congenital disorders are structural flaws that affect how the body appears and functions. From mild to severe they can impact the body in various ways. Some are more noticeable than others, for instance cleft lips and palates, whereas others are harder to recognize.

Congenital disorders can be triggered by genetic or chromosomal abnormalities such as infection in the womb, trauma during delivery, environmental impacts on fetuses in the uterus, as well as the medication that the mother takes. They can lead to long-term disabilities and have a negative impact on the individual, their families, the health care system, and society. They are a major cause of neonatal and under-5 mortality.

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

Medical Expenses

Parents of children with severe birth defects are faced with enormous medical costs. This includes the cost of a lifetime of treatment or surgery, as well as therapy for the condition and its negative side effects. Families can also be affected by the emotional strain of raising a child who has physical disabilities. An attorney with experience in birth defect cases will help victims get the compensation they are entitled to.

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

It's difficult to prove that a doctor's error resulted in a congenital problem but a skilled Pompano Beach personal injury lawyer can evaluate the evidence to determine whether an action is feasible. Contact an attorney as soon as possible to discuss your case. You have two years from the date you were notified or had knowledge of the injury to file a claim.

Lost Wages

A child born with a birth defect will likely require extensive medical treatment, that could cost millions in their lives. This financial burden shouldn't be placed on families who didn't cause the condition. A qualified and empathetic Pompano Beach injury lawyer can assist parents in exploring their legal options.

Our lawyers are highly trained in medical malpractice cases and always consider the best interests of the client first. They will investigate all the circumstances of your baby's birth defect to determine if any medical professionals involved in the delivery of your child are responsible.

A successful claim could include the reimbursement of medical expenses such as hospitalizations, surgeries and extended treatment and medications. Parents who are forced to take time off work to take care of their children may also be entitled to compensation for lost wages, a portion of future earnings loss or punitive damages if the pharmaceutical company has shown a clear disregard for the safety of patients. Contact us today to discuss your options.

Damages

Your family will need monetary compensation for medical expenses, lost income and other expenses, regardless whether your child has an injury that is mild or severe. To help prove your claim, you will need to collect documents such as bills, receipts and credit card transactions. The more evidence you can offer, the better your chances of winning. be higher.

Most birth defects are genetic and cannot be prevented. However, there are some that are linked to environmental factors or medications. For instance, a physician prescribing a medication to a mother that increases the risk of a birth defect can be held liable for negligence.

A baby born with an injury or defect in the birth can be devastating to parents and their families. But with the help of a Pompano Beach birth defect lawyer to pursue justice for your family and ensure that negligent doctors are held accountable. The team at Menzer Law understands the difficulties of a medical malpractice claim and can guide you through each step to make sure your claim is successful. To find out more, set up an appointment to discuss what they can do to help you.