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How to File a Birth Defect Claim

Parents who find out that their child suffers from a congenital disability should seek out an experienced Pompano Beach birth defect lawyer immediately. In contrast to other medical malpractice claims, a birth injury lawsuit is subject to an extremely short time limit.

In addition, many birth injuries and birth defects could have been avoided. Thus, victims should be compensated.

Statute of limitations

In the United States the statutes vary from one state to the next. The person who suffered the injury could be denied damages if a legal claim is not filed within the specified timeframe. A medical malpractice attorney will help ensure that a birth injury lawsuit is filed within the state's statute of limitations.

In certain cases it can take a long time for an injury to manifest itself physically or developmentally. In these instances it is often difficult to determine when the statute of limitations was first triggered or when it should have been filed. A knowledgeable and compassionate medical malpractice lawyer can help you determine whether a birth defect lawsuit can be filed before the state's statute of limitation expires.

The first step in identifying the birth defect is to link it with the medical professionals that treated your child. In this process, medical bills, receipts and credit card information will be essential. Attorneys can also collect evidence through discovery which is a method of exchanging information between two parties. This can include taking depositions from nurses, doctors and hospital personnel.

Congenital Disabilities

Congenital disabilities are structural defects that occur at birth and influence how the body appears or functions. They range from mild to severe. Some are more noticeable than others, such as mouth and lips clefts, whereas others are harder to identify.

Congenital disorders can be caused by genetic or other chromosomal issues. They can be caused by infections in the womb during delivery or trauma, environmental influences and medications taken by mothers. They can result in long-term disabilities, which have a negative impact on people as well as their families, the health care system, and the wider society. They contribute to the high mortality rate of newborns and children less than five.

Neural tube defects and chromosomal diseases, such as Down syndrome, are among the leading causes of severe congenital disorders in children. Certain congenital diseases are more common in certain ethnic groups, such as maternal age and consanguinity (parents descend from the same kinship). Other congenital diseases are caused by pharmacological or environmental influences. The degree to which a person suffering from a congenital handicap is disabled depends on how severe the condition is as well as the organ or body component it affects, and how much it interferes with daily activities.

Medical Expenses

Families who have children with severe birth defects are confronted with a huge medical bill. These include the cost of ongoing treatment or surgery, as well as therapy for the condition and its side effects. Families can also be affected by the emotional stress of raising a child suffering from a physical disability. A knowledgeable lawyer with experience in birth defect attorneys defect cases can help victims receive the compensation that they deserve for their loss.

A number of congenital and genetic disorders can be treated or prevented in the uterus. Unfortunately, doctors often do not recognize or inform parents of test and screening results which could lead to the discovery of a birth defect. In these cases, the parents could pursue a wrongful-life claim against the medical professional.

While it is difficult to prove that a mistake by a doctor resulted in a congenital impairment an experienced Pompano Beach injury attorney will evaluate the evidence to determine whether a claim is viable. Contact a lawyer right away to discuss your case. You have two years from the date you were notified or discovered the injury in order to file a claim.

Lost Wages

A child born with a birth defect could require extensive medical care, which can cost millions over the course of their lives. This financial burden shouldn't be imposed on families that didn't cause the condition. A Pompano Beach injury attorney who is knowledgeable and understanding can assist parents in exploring legal options.

Our solicitors are expertly trained in medical negligence cases and place the best interests of clients at the forefront of their work. They will investigate all of the circumstances surrounding the birth defect of your child, and identify whether any medical professionals involved in the child's birth should have been held accountable.

A successful claim can include reimbursement for medical expenses such as hospitalizations, surgeries, extended treatment and medications. It may also include lost earnings for parents who have to leave to take care of their children, a portion of future earnings lost and punitive damages if the drug manufacturer displayed an unflinching disregard for the patient's safety. Contact us today to discuss your options.

Damages

If your child has an acute or mild birth defect, your family needs financial compensation to cover medical bills, loss of income as well as other costs. To help prove your claim, you will need to gather documents, such as bills, receipts and credit card transactions. The more information you are able to provide more information, the better your claim will be.

The majority of birth defects are genetic and cannot be avoided. Some birth defects are caused by environmental factors or medication. A doctor who prescribes medication to a mother who increases her risk 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 can be a devastating experience for parents and families. However, with the assistance of a Pompano Beach birth defect lawyer to pursue justice for your family and ensure that negligent doctors are accountable. The team at Menzer Law understands the difficulties of a medical negligence claim and can help you through each step to make sure your claim is successful. Call today to find out more about how they can help you.