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How to File a Birth Defect Claim

Parents who find out that their child suffers from a congenital disability should consult 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 defects and injuries could have been prevented. Hence, victims need compensation.

Statute of Limitations

In the United States, the statutes of limitations differ from state to state. Legal claims must be filed within this timeframe or the victim may not be able claim damages. A medical malpractice lawyer will ensure that a lawsuit arising from a birth injury is filed within the statute of limitations in your state.

In some instances it takes a while for an injury to manifest itself physically or developmentally. In these instances, it is often difficult to determine when the statute of limitations started or when it should have been filed. A compassionate and skilled medical malpractice lawyer can help you determine if the birth defect lawsuit could be filed before your state's statute of limitations expires.

The first step is to pinpoint the birth defect and link it to the medical specialists who treated your child. The receipts, bills credit card information and other records of medical treatment will be important in this process. Attorneys can also gather evidence through discovery that is the process of exchanging information between two parties. This includes taking depositions from nurses, doctors and hospital staff.

Congenital Disabilities

Congenital disorders are structural flaws that affect the way the body appears and functions. They can range from mild to severe. Certain are more apparent than others, like the cleft palate and lips and others, while some are harder to spot.

Congenital disorders may be caused by chromosomal or genetic abnormalities and infections in the womb, injuries during delivery, environmental influences on fetuses in the uterus, as well as the medication that the mother takes. They can lead to long-term disability, which affects individuals, families, health care systems and societies. They contribute to the high mortality of newborns and children less than five.

The leading causes of severe congenital disability in children are neural tube defects as well as chromosomal issues, such as Down syndrome. Certain congenital disorders are more common among certain ethnic groups, mothers of an age group and parents that descend from the same lineage. Other congenital ailments are caused by pharmacological or environmental influences. The degree of the congenital disorder and the organs or body parts it affects, as as how much it hinders with daily activities will determine if someone is considered disabled.

Medical Expenses

Families with children who suffer from serious birth defects face huge medical costs. These include the cost of permanent treatment with therapy and surgery to treat the condition and its adverse effects. The stress of raising an physically impaired child can also take its toll on families. An experienced lawyer who has handled birth defect cases can help victims get the justice they are due.

Many genetic and congenital diseases can be treated or prevented in the uterus. Unfortunately, doctors may make mistakes in diagnosing or failing to inform parents of test results and screening results which could lead to the discovery of a birth defect. In these instances, parents could pursue a wrongful-life claim against the medical professional.

It's hard to prove that a doctor's error caused a congenital defect however an experienced Pompano Beach personal injury lawyer can review the evidence to determine if an action is feasible. Contact a lawyer immediately to discuss your case. You have two years from the time you were notified or discovered the injury in order to make a claim.

Lost Wages

A child born with birth defects will require a lot of medical attention which could cost thousands of dollars over their lifetime. It's unfair that this financial burden be borne by families that did not cause the condition. A knowledgeable and sympathetic Pompano Beach injury lawyer can help parents consider their legal options.

Our lawyers are highly trained in medical malpractice cases and always place the client's best interests first. They will look into all the circumstances surrounding the birth defect of your child, and determine whether any medical professionals involved in the birth of your child ought to have been held accountable.

A successful lawsuit could include compensation for medical costs like hospitalizations and surgeries, long-term treatments, and medications. It could also include lost earnings for parents who need to leave to care for their children, a portion of future lost earnings and punitive damages where the drug manufacturer exhibited a blatant disregard for patient safety. Contact us today to discuss your options.

Damages

If your child has a severe or mild birth defect (http://www.maxtremer.com/bbs/Board.php?bo_table=qna_e&wr_id=627170), your family requires financial compensation to cover medical bills, loss of income and other expenses. To prove your claim, it is necessary to collect documents such as bills, receipts and credit card payment. The more evidence you are able to provide, the greater your payout will be higher.

Most birth defect law firms defects result from genetic causes and can't be cured by doctors. However, some birth defects are related to the environment or medications. A doctor who prescribes a drug to a mother who increases her chance of developing a birth defect could be held accountable for negligence.

The birth of a child with an injury from birth or a birth defect can be devastating for parents and families. But with the help of a Pompano Beach birth defect lawyer, you can pursue justice for your family and ensure that negligent doctors are accountable. The team at Menzer Law understands the difficulties of a medical negligence claim and can guide you through each step to ensure your claim is successfully filed. Call now to learn more about how they can assist you.