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How to File a Birth Defect Claim

Parents who discover that their child has a disability that is congenital must contact a seasoned Pompano Beach birth defect lawyer right away. Unlike some other medical malpractice cases, a birth injury lawsuit has a short statute of limitations.

In addition, many birth injuries and birth defects could have been avoided. Therefore, victims deserve compensation.

Statute of Limitations

In the United States the statutes vary from state to state. The party who was injured could be unable to recover damages should a legal action not filed within a specified timeframe. A medical malpractice attorney can assist in ensuring the birth injury lawsuit is filed within the state's statute of limitations.

In some instances, it takes a while for an injury to manifest itself physically or develop. In these cases it is usually difficult to determine when the statute of limitations began or when it should have been filed. A knowledgeable and compassionate medical malpractice lawyer can help you determine whether an action for birth defects can be filed before the state's statutes of limitations expire.

The first step to identify the birth defect is to link it with the medical professionals who treated your child. Receipts, bills as well as credit card records and other documentation of medical treatments will be crucial in this process. Attorneys can also collect information through discovery, a process which involves sharing information with other parties. This can include taking the depositions of doctors, nurses and hospital personnel.

Congenital Disabilities

Congenital disabilities are structural issues which can affect how the body appears and performs. They can range from mild to severe. Some are more obvious than others, such as mouth or palate clefts while others are harder to detect.

Congenital disorders can be caused by genetic or other chromosomal abnormalities. They may also be caused by infections in the womb during birth trauma, environmental influences and medications taken by mothers. They cause long-term disability, which takes a toll on individuals, families and health care systems as well as societies. They are a major cause of infant mortality and neonatal deaths.

The most common causes of severe congenital disability in children are neural tube defects as well as chromosomal issues, such as Down syndrome. Some congenital disorders are more common among certain ethnic groups, mothers who are of the same age and parents that descend from the same lineage. Other congenital conditions are caused by pharmacological or environmental influences. If a person who has a congenital disability is disabled is based on how severe the condition is as well as the organ or body area it affects and how much it affects everyday activities.

Medical Costs

Families with children who suffer from severe birth defects face enormous medical costs. This includes the cost of lifelong treatment, therapy and surgery for the condition and its side effects. The emotional strain of caring for a child with physical impairment can also be a burden on families. A knowledgeable lawyer with experience in birth defect cases can assist victims get the compensation they deserve for their loss.

Many congenital and genetic illnesses can be prevented or treated in utero. However, doctors can miss-diagnose or fail to inform parents about test and screening results that could lead to the discovery of birth defects. In these instances, parents can file a claim for an unjustified death against the medical provider.

Although it's difficult to prove that the error of a doctor caused a congenital handicap an experienced Pompano Beach injury attorney can evaluate the evidence and determine if a claim is viable. Contact a lawyer as soon as possible to discuss your case. You have two years to file a claim after you have discovered or should have discovered the injury.

Lost Wages

A child born with birth defects will require extensive medical care, which could cost millions of dollars over their lifetime. It's inexcusable that this financial burden should be borne by families who didn't cause the condition. A knowledgeable and sympathetic Pompano Beach injury lawyer can assist parents to explore their legal options.

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

A successful lawsuit could include the reimbursement of medical expenses such as hospitalizations and surgeries, long-term treatments, and medications. Parents who have to take time off to take care of their child could also be entitled to lost wages, a percentage of future lost earnings or punitive damages if a drug manufacturer displayed a blatant disregard for patient safety. Contact us today to discuss your options without any obligation.

Damages

Your family will need monetary compensation for medical bills, lost income, and other expenses regardless of whether your child has a serious or mild defect. You'll need documents, including credit card receipts, payments made with a credit card and bills to prove your claim. The more evidence you can provide, the more likely your claim will be greater.

Most birth defects are caused by genetic factors and cannot be controlled by physicians. However, some birth defects are related to the environment or medications. For example, a doctor prescribing a medication to a mother that increases the chance of having a birth defect can be held liable 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. With the assistance of a Pompano Beach lawyer for birth defects and birth defects, you can pursue justice for your family. You can also ensure that negligent doctors will be held accountable. The team at Menzer Law understands the difficulties of a medical malpractice lawsuit, and they can guide you through every step to ensure that you file your claim in a timely manner. To learn more, book an appointment to discuss how they can help you.