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How to File a Birth Defect Claim

Parents who find out that your child has an abnormality that is congenital should contact a Pompano Beach birth defect lawyer as soon as they can. Unlike some other medical malpractice lawsuits, birth injury lawsuits have an extremely short time limit.

Furthermore, a lot of birth defects or injuries could have been prevented. Therefore, victims require compensation.

Statute of limitations

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

In some cases an injury can take a long time to manifest physically or develop. In these instances it is often difficult to determine when the statute of limitations began or when it should have been filed. A skilled and empathetic medical malpractice lawyer can help you determine whether the birth defect lawsuit could be filed before your state's statute of limitation expires.

The first step is identifying the birth defect and connect it to the medical experts who treated your child. For this, the bills or receipts as well as credit card records are crucial. Attorneys can also gather information through discovery, a procedure which involves sharing information with other parties. This could involve taking depositions of nurses, doctors and hospital personnel.

Congenital Disabilities

Congenital disabilities are structural problems that occur at birth and affect how the body looks or functions. From mild to severe, they can affect the body in a variety of ways. Some are more obvious than others, such as mouth or palate clefts some are more difficult to spot.

Congenital problems can be caused by genetic or other chromosomal anomalies. They may also be caused by infections in the womb during pregnancy trauma, environmental factors and medications taken by mothers. They can result in long-term disabilities and have a negative impact on individuals as well as their families, the health system, and the society. They contribute to the high mortality rate of newborns and children less than five.

The most common causes of severe congenital disability in children are neural tube defects and chromosomal diseases like Down syndrome. Certain congenital conditions are more common in certain ethnic groups, as well as maternal age and consanguinity (parents descend from the same kinship). Other congenital conditions are caused by environmental or pharmacological influences. The degree of the congenital disorder the organs or body parts it affects, as as how much it interferes in daily activities, will determine whether someone is considered disabled.

Medical expenses

Families with children suffering from severe birth defects face enormous medical costs. This includes the cost of permanent treatment or surgery, as well as therapy for the condition and its negative side effects. Families can also be affected by the emotional stress of raising a child suffering from a physical disability. A lawyer with experience in birth defect cases can help victims receive the compensation they deserved.

A variety of genetic and congenital disorders are treatable or preventable in the uterus. However, doctors can make mistakes in diagnosing or failing to inform parents about test and screening results that could lead to discovery of birth defects. In these cases, the parents could pursue a wrongful-life claim against the medical provider.

Although it's difficult to prove that the error of a doctor resulted in a congenital impairment, an experienced Pompano Beach injury lawyer will evaluate the evidence to determine whether a claim is feasible. Contact a lawyer as soon as possible to discuss your case. You have two years to file a claim if you discover or discovered the injury.

Lost Wages

A child born with a birth defect is likely to require a lot of medical attention, which can cost a lot throughout their lives. This cost shouldn't fall on families that did not cause the condition. A knowledgeable and compassionate Pompano Beach injury lawyer can assist parents to explore their legal options.

Our solicitors are well-trained in medical negligence claims and place the best interests of clients at the core of their work. They will look into all circumstances surrounding your baby's birth defect to determine if any medical professionals involved in the delivery of your child are responsible.

A successful claim may include reimbursement for medical expenses such as surgery, hospitalization, treatment and medication. Parents who have to miss work to take care of their children may also be entitled to lost wages, a portion of future lost earnings or punitive damages if a drug manufacturer showed a flagrant disregard for patient safety. Contact us now to discuss your options, without obligation.

Damages

If your child is suffering from a severe or mild birth defect, your family will require monetary compensation to cover medical expenses, loss of income as well as other costs. To support your claim, you need to gather evidence such as receipts, bills and credit card charges. If you have more evidence to provide, the greater your payout will be higher.

The majority of birth defects are genetic and cannot be cured. Certain birth defects are caused by environmental factors or drugs. A doctor who prescribes a medication to a mother which increases her risk of having an abnormal birth could be held accountable for negligence.

The birth of a child with a birth injury or a birth defect can be devastating for families and parents. However, with the assistance of a Pompano Beach birth defect lawyer, you can 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 case and will guide you through each step to make sure your claim is successfully filed. Call now to learn more about how they can assist you.

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