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How to File a Birth Defect Claim

Parents who find out that their child has a disability that is congenital should contact an experienced Pompano Beach birth defect lawyer immediately. A birth injury lawsuit is subject to a shorter time limit of limitations than other medical malpractice lawsuits.

In addition, many birth injuries and birth defects could have been prevented. Hence, victims need compensation.

Statute of limitations

In the United States the statutes vary from one state to the next. A legal claim must be filed within this period otherwise the injured party might not be able to recover damages. An attorney for medical malpractice can assist in ensuring the birth injury lawsuit is filed within the state's statute of limitations.

In some instances it takes time for an injury to manifest itself physically or develop. In these instances it is often difficult to determine the date when the statute of limitations was set or when a lawsuit should have been filed. A skilled and empathetic medical malpractice attorney can help you determine whether a birth defect lawsuit can be filed before the state's statute of limitation expires.

The first step is to identify the birth defect and link it to the medical professionals who treated your child. The receipts, bills credit card information as well as other documentation of medical treatment are crucial in this process. Attorneys can also collect information through discovery, a process which involves exchanging information with different parties. This may include taking depositions from doctors, nurses and hospital staff.

Congenital Disabilities

Congenital disabilities are structural problems present at birth that can affect how the body looks or works. They range from mild to severe. Some are more visible than others, such as cleft lips or palates some are more difficult to identify.

Congenital conditions can be caused by genetic or other chromosomal disorders. They can also be caused by infection in the womb during delivery trauma, environmental influences and the use of medications by mothers. They cause long-term disabilities, which can be detrimental to families, individuals, health care systems and societies. They contribute to the high mortality of infants and children younger than five.

The most frequent causes of congenital disability in children are neural tube defects and chromosomal disorders like Down syndrome. Certain congenital diseases are more common among certain ethnic groups and mothers of a certain age, and parents who descend from the same lineage. Other congenital conditions are caused by environmental or pharmacological influences. What determines if a person with a congenital disability is disabled is based on the severity of the condition and what organ or body part it affects, and the extent to which it affects everyday life.

Medical expenses

Families with children suffering from severe birth defects face enormous medical expenses. This includes the cost of lifelong treatment with therapy and surgery to treat the condition and its resulting side effects. Families can also be impacted by the emotional strain of raising a child with a physical disability. An experienced lawyer who has handled birth defect Lawyers defect cases will assist victims receive the compensation they deserved.

A number of congenital and genetic diseases are treatable or preventable in utero. Doctors sometimes misdiagnose conditions or fail to inform parents of screening and test results that could have resulted in the identification of birth defects. In these cases, the parents may file a wrongful life claim against the medical professional.

It isn't easy to prove that a mistake by a doctor caused a congenital handicap an experienced Pompano Beach injury lawyer can evaluate the evidence and determine whether a claim is feasible. Contact an attorney right away to discuss your case. You have two years from the time you found or should have known about the injury to submit a claim.

Lost Wages

A child born with an anomaly in the birth will likely require extensive medical care, which could cost millions throughout their lives. It is unfair that this financial burden should be placed on families who didn't cause the condition. A qualified and empathetic Pompano Beach injury lawyer can help parents consider their legal options.

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

A successful claim could include reimbursement for medical expenses such as surgery, hospitalization, treatment and medications. Parents who are forced by their job to care for their child may also be entitled for lost wages, a percentage of future lost earnings or punitive damages if the pharmaceutical company showed a flagrant disregard for the safety of patients. Contact us now to discuss your options, without obligation.

Damages

Your family will require monetary compensation for medical expenses, lost income and other expenses, regardless whether your child is suffering from an injury that is mild or birth defect lawyers severe. You will need to gather documents, like credit card payments, receipts and bills, to support your claim. The more documents you can provide the more evidence you can provide, the greater your reward.

Most birth defect law firms defects are genetic and cannot be avoided. However, some are due to environmental factors or medication. A doctor who prescribes a drug to a mother who increases her risk of having an abnormal birth could be held accountable for negligence.

Having a baby with injuries to the birth or birth defect lawyers birth defect can be a devastating experience for families and parents. However, with the help of a Pompano Beach birth defect lawyer and pursue justice for your family and ensure that negligent doctors are held accountable. The team at Menzer Law understands the difficulties of a medical negligence claim, and they can guide you through each step of the process to ensure you file your claim in a timely manner. To find out more, set up an appointment to discuss how they can assist you.