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How to File a Birth Defect Claim

Parents who discover their child has a disability that is congenital should seek out an experienced Pompano Beach birth defect lawyer immediately. In contrast to other medical malpractice cases, a birth injury lawsuit has a short statute of limitations.

Additionally, a lot of birth defects and injuries could have been prevented. Hence, victims need compensation.

Statute of limitations

In the United States the statutes vary from state to state. The person who suffered the injury could be barred from recovering damages in the event that a legal claim was not filed within a specified time period. A medical malpractice lawyer can guarantee that a suit for birth injuries is filed within the statute of limitations in your state.

In certain instances an injury could take longer to manifest physically or develop. In these cases it may be difficult to determine the date when the statute of limitation was set or when a lawsuit should have been filed. A medical malpractice lawyer who is proficient and compassionate will help you determine if a suit for birth defects is possible before the statute of limitations expires in your state.

The first step is to pinpoint the birth defect and connect it to the medical specialists who treated your child. Bills, receipts as well as credit card records and other documentation of medical treatment will be important in this process. Attorneys can also gather evidence through discovery which is a method of sharing information between parties. This may include taking depositions of nurses, doctors and hospital personnel.

Congenital Disabilities

Congenital disabilities are structural defects that are present at birth and affect how the body looks or performs. From mild to severe, they can alter the body's appearance in many ways. Some are more noticeable than others, like cleft lips and palates however, others are more difficult to spot.

Congenital problems can be caused by genetic or other chromosomal issues. They can also be caused by infection in the womb during birth trauma, environmental factors and medications taken by mothers. They can cause long-term disability which is a burden on individuals, families as well as health care systems and societies. They contribute to the high burden of mortality among infants and children under 5.

The leading causes of severe congenital disability in children are neural tube defects as well as chromosomal issues like Down syndrome. Certain congenital diseases are more prevalent in certain ethnic groups, maternal age and consanguinity (parents descend from the same kinship). Others occur spontaneously or are linked to environmental or pharmacological factors. The extent of the congenital impairment, which organs or body parts it affects, as well as the extent to which it impacts in daily life, will determine whether a person is considered disabled.

Medical Costs

Parents of children with severe birth defects are faced with a huge medical bill. The cost of therapy, surgery and long-term treatment for the condition, as well as its repercussions can be huge. Families can also be affected by the emotional stress of raising a child with a physical disability. An attorney with experience in birth defect cases will assist victims get the justice they are entitled to.

A number of congenital and genetic disorders can be treated or prevented in the uterus. Doctors can misdiagnose certain conditions or fail to inform their parents of screening or tests that may have resulted in the discovery of birth defects. In these instances, parents could file a wrongful life claim against the medical provider.

While it is difficult to prove that a doctor's error caused a congenital handicap, an experienced Pompano Beach injury attorney will evaluate the evidence to determine if a claim is feasible. Contact a lawyer as soon as possible 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 will likely require extensive medical care, which can cost a lot over the course of their lifetime. It's unjust that this financial burden should be borne by families that have no responsibility for the condition. A Pompano Beach injury attorney who is qualified and sympathetic can help parents explore legal options.

Our lawyers are well-trained in medical malpractice claims and always place the client's best interests first. They will examine all circumstances of your baby's birth defect law firm defect to determine whether any medical professionals who were involved in the delivery of your child were responsible.

A successful claim could include the reimbursement of medical expenses like hospitalizations and procedures, long-term treatments and medications. Parents who are forced to take time off to take care of their child may also be entitled for lost wages, a portion in future lost earnings, or punitive damages if the pharmaceutical company has shown a clear disregard for the safety of patients. Contact us now to discuss your options without any obligation.

Damages

Your family will require financial compensation for medical bills, lost income, and other expenses regardless of whether your child suffers from a mild or severe defect. You'll need documents, like credit card transactions, receipts and bills, to establish your claim. If you have more evidence to provide, the more likely your claim will be higher.

Most birth defect law firm problems are genetic and cannot be prevented. Some birth defects are caused by environmental factors or medication. A doctor who prescribes medication to a mother that increases her chances of having an ailment during birth could be held accountable for negligent.

Having a baby with an injury from birth or a birth defect can be a devastating experience for families and parents. 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 navigate the medical malpractice claims process. They will guide you through each step and ensure that your claim is submitted successfully. To learn more, schedule a consultation to find out how they can help.