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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 seek out an experienced Pompano Beach birth defect lawyer right away. A birth injury lawsuit is subject to a shorter statute of limitations than other medical malpractice claims.

In addition, many birth problems and injuries could have been prevented. Victims of abuse need compensation.

Statute of Limitations

In the United States the statutes vary from state to state. A legal claim must be filed within this time frame otherwise the person who was injured may not be able claim damages. A medical malpractice attorney will help ensure that the birth injury lawsuit is filed within your state's statute of limitations.

In some instances it takes a while for an injury to manifest physically or developmentally. In these cases it is often difficult to determine when the statute of limitations started or when it should have been filed. A medical malpractice lawyer who is knowledgeable and compassionate can help determine if a lawsuit involving birth defects is possible before the statute of limitations expires in your state.

The first step is to determine the birth defect and connect it to the medical experts who treated your child. The receipts, bills, credit card records as well as other documentation of medical treatment are important in this process. Attorneys can also gather information through discovery, a process which involves sharing information with other parties. This includes taking depositions from nurses, doctors and hospital personnel.

Congenital Disabilities

Congenital disorders are structural flaws that are present at birth and affect how the body looks or functions. From mild to severe they can affect the body in many ways. Some are more noticeable than others, like cleft lips or palates and others are harder to detect.

Congenital disorders can be caused by genetic or other chromosomal issues. They can also be caused by infections in the womb during birth or trauma, environmental influences, and medication taken by mothers. They can lead to long-term disabilities, which have a negative effect on individuals, their families, the health system, and society. 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 diseases like Down syndrome. Some congenital conditions are more common in certain ethnic groups, due to maternal age and consanguinity (parents descend from the same kinship). Some are unintentionally occurring or linked to environmental or pharmacological factors. Whether a person with a congenital disability is considered disabled is determined by how severe the condition is, which organ or body part it affects, and how much it impacts daily life.

Medical Costs

Parents of children with severe birth defects are confronted with enormous medical costs. The cost of surgery, therapy and lifelong treatment for the condition as well as its associated effects can be enormous. The emotional strain of caring for a child with physical impairment can take its toll on families. An experienced lawyer who has handled birth defect cases can help victims receive the compensation they deserved.

Many congenital and genetic disorders can be treated or prevented in the uterus. Unfortunately, doctors often miss-diagnose or fail to inform parents of tests and screening results that could lead to discovery of a birth defect. In these cases parents may be able to seek compensation for wrongful death against the medical provider.

It isn't easy to prove that a mistake by a doctor caused a congenital handicap An experienced Pompano Beach injury lawyer can review the evidence and determine whether a claim is viable. Contact an attorney as soon as possible to discuss your case. You have two years from the time you found or should have been aware of the injury to make a claim.

Lost Wages

A child born with birth defects will require extensive medical treatment which could cost millions of dollars over their lives. It's unjust that this financial burden be imposed on families that didn't cause the condition. A knowledgeable and sympathetic Pompano Beach injury lawyer can help parents consider their legal options.

Our solicitors are well-trained in medical negligence cases and put the best interests of clients at the forefront of their work. They will examine all circumstances concerning the birth defect of your baby to determine whether any medical professionals involved with your child's delivery were responsible.

A successful case could result in reimbursement for medical expenses like hospitalizations and procedures, long-term treatments and medications. Parents who are forced by their job to take care of their child could also be entitled for lost wages, a portion in future earnings lost or punitive damages if the drug manufacturer displayed a blatant disregard for the safety of patients. Contact us today to discuss your options.

Damages

Your family will need monetary compensation for medical bills, lost income, and other expenses, regardless whether your child is suffering from a mild or severe defect. To support your claim, it is necessary to gather documents, such as receipts, bills and credit card payment. The more documents you can provide the more evidence you can provide, the greater your reward.

Most birth defects result from genetic causes and cannot be controlled by physicians. However, some of them are caused by the environment or medications. For example, a doctor prescribing medication to a mother that increases the risk of a birth defect can be held accountable for negligence.

The birth of a child with a birth injury or a birth defect can be a devastating experience for families and parents. With the assistance 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. The team at Menzer Law understands the difficulties of a medical malpractice claim and can guide you through every step to ensure that you file your claim in a timely manner. Contact them today to find out more about how they can help you.