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How to File a Birth Defect Claim

Parents who discover that their child has a disability that is congenital should contact an experienced Pompano Beach birth defect lawyer as soon as possible. A birth injury lawsuit is limited to a shorter duration of limitations than other medical malpractice claims.

Additionally, a lot of birth problems and injuries could have been prevented. Victims require compensation.

Statute of limitations

In the United States the statutes vary between states. The victim may be barred from recovering damages should a legal action not filed within the stipulated timeframe. A medical malpractice lawyer can assist in ensuring the birth injury lawsuit is filed within the state's statute of limitations.

In some cases it can take a long time for an injury to manifest itself physically or developmentally. In these cases it is often difficult to determine when the statute of limitations started or when it was the right time to file. A compassionate and skilled medical malpractice attorney can assist you in determining whether an action for birth defects can be filed before your state's statutes of limitations expire.

The first step is to determine the birth defect and connect it to the medical professionals who treated your child. For this, the bills receipts, receipts, and credit card records are crucial. Attorneys can also collect evidence through discovery which is the process of transferring information between parties. This could include taking depositions of doctors, nurses, and hospital staff.

Congenital Disabilities

Congenital disabilities are structural problems which can affect how the body looks and performs. From mild to severe, they can alter the body's appearance in many ways. Some are more obvious than others, like mouth or palate clefts, while others are more difficult to spot.

Congenital disorders may be caused by genetic or chromosomal abnormalities or infections in the womb, trauma during birth, environmental influences on fetuses in the uterus, as well as the medication used by the mother. They can lead to long-term disabilities and have a negative impact on the individual and their families, as well as the health system, and the society. They contribute to the high mortality rate of infants and children aged less than 5.

The leading causes of severe congenital disability in children are neural tube defects and chromosomal disorders, such as Down syndrome. Certain congenital diseases are more prevalent in certain ethnic groups, as well as maternal age and consanguinity (parents descend from the same kinship). Other conditions are triggered by nature or birth defect lawyer are related to pharmacological or environmental factors. The extent of the congenital impairment the organs or body parts it affects, as well as the degree to which it affects in daily life, will determine whether an individual is considered disabled.

Medical Costs

Families with children suffering from severe birth defects must face massive medical expenses. These include the cost of lifelong treatment, therapy and surgery for the condition and its resulting adverse effects. The emotional strain of caring for a child with physical impairment can also take its toll on families. A knowledgeable lawyer who is experienced in birth defect cases can assist victims obtain the compensation they are entitled to for their losses.

Many congenital and genetic disorders can be prevented or treated in utero. Doctors may misdiagnose problems or fail to inform parents of screening or tests that may have resulted in the discovery of birth defects. In these cases, the parents may make a claim for wrongful life against the medical provider.

It isn't easy to prove that a mistake by a doctor led to a congenital disability, a seasoned Pompano Beach injury attorney will review the evidence and determine whether a claim is viable. Contact a lawyer immediately to discuss your case. You have two years to file a claim once you've discovered or should have discovered the injury.

Lost Wages

A child born with an anomaly in the birth will likely require extensive medical treatment, which can cost millions over the course of their lifetime. This financial burden shouldn't be placed on families that didn't cause the condition. A Pompano Beach injury attorney who is competent and understanding can help parents explore legal options.

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

A successful case could result in reimbursement for medical expenses such as surgery, hospitalization, treatment and medications. Parents who are forced to take time off to care for their child may 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.

Damages

If your child is suffering from an acute or mild birth defect, your family will require money to pay for medical bills, loss in income and other costs. To prove your claim, it is necessary to gather documents, such as bills, receipts and credit card transactions. If you have more evidence to provide, the greater your payout will be higher.

The majority of birth defects are caused by genetic factors and cannot be prevented by physicians. Certain birth defects are caused by environmental factors or medication. For instance, a physician prescribing a medicine to the mother that increases the chance of having a birth defect could be held liable for negligence.

The birth defect law firms of a child with injuries to the birth or birth defect can be a devastating experience for parents and families. But with the help of a Pompano Beach birth defect lawyer who can help you seek 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 can guide you through each step to ensure you file your claim in a timely manner. Contact them today to find out more about how they can help you.