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How to File a Birth Defect Claim

Parents who find out that their child has a congenital disability should contact an experienced Pompano Beach birth defect lawyer right away. Unlike some other medical malpractice cases, birth injury lawsuits have a short statute of limitations.

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

Statute of Limitations

In the United States, the statutes of limitations vary from state to state. The person who suffered the injury could be barred from pursuing damages should a legal action not filed within the specified time frame. A medical malpractice lawyer can make sure that a suit for birth injuries is filed within the statute of limitations in your state.

In some instances it takes a while for an injury to manifest physically or in a developmental way. In these cases, it can be difficult to determine when the statute of limitation began or when a lawsuit ought to have been filed. A knowledgeable and compassionate medical malpractice attorney can help you determine whether a birth defect lawsuit can be filed before your state’s statutes of limitations expire.

The first step is to pinpoint the birth defect and connect it to the medical specialists who treated your child. Bills, receipts, credit card records as well as other documentation of medical treatment will be important in this process. Attorneys can also collect evidence through discovery which is the process of exchanging information between two parties. This could include taking depositions from nurses, doctors and hospital personnel.


Congenital Disabilities

Congenital disorders are structural flaws present at birth that can affect how the body looks or works. They range from mild to severe. Some are more obvious than others, like lip or palate clefts, while others are harder to detect.

Congenital disorders may be caused by chromosomal or genetic abnormalities such as infection in the womb, trauma during delivery, environmental effects on fetuses and uterus, as well as the medication that the mother takes. They can cause long-term disability which is a burden on families, individuals and health care systems as well as societies. They contribute to the high mortality of newborns and children less than five.

The most frequent causes of congenital disabilities in children are neural tube defects and chromosomal diseases, such as Down syndrome. Certain congenital conditions are more common in certain ethnic groups, maternal age and consanguinity (parents descend from the same kinship). Other conditions are triggered by nature or are connected to pharmacological or environment factors. The severity of the congenital disability as well as the organs and body parts it affects, as well as how much it interferes in daily life, will determine whether an individual is considered disabled.

Medical Expenses

Families with children who have severe birth defects are faced with huge medical costs. These include the cost of permanent treatment, therapy and surgery for the condition as well as its negative side effects. Families can also be impacted by the emotional stress of raising a child with physical impairment. A knowledgeable lawyer who has experience in birth defect cases can help victims receive the compensation they are entitled to for their loss.

birth defect law firm portland and congenital diseases can be prevented or treated in the uterus. Unfortunately, doctors may miss-diagnose or fail to inform parents about test and screening results that could lead to the discovery of birth defects. In these cases, the parents could pursue a wrongful-life claim against the medical professional.

It can be difficult to prove a doctor’s mistake caused a congenital disorder however an experienced Pompano Beach personal injury lawyer will evaluate the evidence to determine if an action is feasible. 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 claim compensation.

Lost Wages

A child born with birth defects will require extensive medical care that could cost millions of dollars in their lifetime. This financial burden shouldn’t fall on families that did not cause the problem. A knowledgeable and compassionate Pompano Beach injury lawyer can help parents consider their legal options.

Our solicitors are expertly trained in medical negligence cases and put the best interests of their clients at the core of their work. They will look into all circumstances concerning the birth defect of your baby to determine whether any medical professionals who were involved in the delivery of your child were responsible.

A successful claim can include the reimbursement of medical expenses such as hospitalizations, surgeries, prolonged treatment and medication. It could also include lost wages for parents who have to take time off to care for their children, a percentage of future earnings lost and punitive damages in cases where the drug manufacturer exhibited a blatant disregard for patient safety. Contact us now to discuss your options, without obligation.

Damages

Your family will require financial compensation for medical expenses, lost income and other expenses regardless of whether your child has a serious or mild defect. You’ll need to gather documents, such as credit card receipts, payments made with a credit card and bills, to establish your claim. The more evidence you are able to provide, the greater your payout will be higher.

The majority of birth defects result from genetic causes and can’t be cured by doctors. However, there are some that are caused by environmental factors or medications. A doctor who prescribes a medicine to a mother, which increases her risk of having an abnormal birth could be held responsible for negligence.

A child born with an injury or defect at birth could be a devastating experience for parents and their families. But with the help of a Pompano Beach birth defect lawyer and pursue justice for your family and ensure that negligent doctors are held accountable. Menzer Law can help you navigate the medical malpractice claim process. They will guide you through every step and ensure that your claim is filed successfully. Schedule a consultation now to learn more about how they can help you.