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How to File a Birth Defect Claim

Parents who discover their child has a disability that is congenital should consult an experienced Pompano Beach birth defect lawyer immediately. Birth injury lawsuits are limited to a shorter duration of limitations than other medical malpractice claims.

Additionally, a lot of birth defects and injuries could have been avoided. Therefore, victims deserve compensation.

Statute of limitations

In the United States, the statutes of limitations vary from state to state. The injured party may be unable to recover damages when a legal claim is not filed within the stipulated time period. A medical malpractice lawyer can assist in ensuring that a birth injury lawsuit is filed within your state's statute of limitations.

In certain cases, an injury may take an extended time to manifest physically or develop. In these cases it may be difficult to determine when the statute of limitations began or when a case should have been filed. A knowledgeable and compassionate medical malpractice attorney can help you determine if the birth defect lawsuit could be filed before the state's statute of limitations runs out.

The first step is to identify the birth defect and connect it to the medical specialists who treated your child. Bills, receipts, credit card records and other evidence of medical treatment are important in this process. Attorneys can also gather information through discovery, a process which involves exchanging information with different parties. This may include taking depositions of nurses, doctors and hospital personnel.

Congenital Disabilities

Congenital disabilities are structural issues that occur at birth and influence how the body appears or performs. They can range from mild to severe. Some are more obvious than others, like cleft lips or palates and others are more difficult to recognize.

Congenital problems can be caused by genetic or other chromosomal anomalies. They can be caused by infections in the womb during pregnancy trauma, environmental influences and medications taken by mothers. They can result in long-term disabilities that have a negative impact on the individual, their families, the health care system, and the society. They contribute to the burden of mortality among infants and children under 5.

birth defect lawsuit somerville of severe congenital disabilities in children are neural tube defects and chromosomal disorders like Down syndrome. Certain congenital diseases are more prevalent in certain ethnic groups, maternal age and consanguinity (parents descend from the same kinship). Other congenital conditions are caused by pharmacological or environmental influences. What determines if a person with a congenital handicap is disabled is based on how severe the condition is, which organ or body area it affects and how much it interferes with daily life.

Medical expenses

Families with children suffering from severe birth defects are faced with a huge medical bill. This includes the cost of a lifetime of treatment, therapy and surgery for the condition as well as its side effects. The stress of raising a child with physical impairment can also be a burden on families. An experienced lawyer who has handled birth defect cases will help victims get the money they are due.

Many congenital and genetic illnesses can be treated or prevented in utero. Unfortunately, doctors may misdiagnose or fail to inform parents about test and screening results that could lead to the discovery of birth defects. In these cases, the parents may bring a wrongful death claim against the medical professional.

It's hard to prove that a doctor's error caused a congenital disorder, but an experienced Pompano Beach personal injury lawyer can assess the evidence to determine if a claim is viable. Contact a lawyer as soon as possible to discuss your case. You have two years from the date you discovered or should have known about the injury to submit a claim.

Lost Wages

A child born with a birth defect is likely to require a lot of medical attention, that could cost millions in their lifetime. It's unjust that this financial burden should be imposed on families that did not cause the condition. A skilled and understanding Pompano Beach injury lawyer can help parents explore their legal options.

Our solicitors are well-trained in medical negligence claims and place the best interests of clients at the heart of their work. They will look into all circumstances concerning the birth defect of your baby to determine whether any medical professionals involved in the delivery of your child are responsible.

A successful claim could include reimbursement for medical expenses such as hospitalizations, surgeries, extended treatment and medications. Parents who have to miss work to take care of their child could also be entitled for lost wages, a portion of future lost earnings, or punitive damages if the pharmaceutical company showed a flagrant disregard for patient safety. Contact us today to discuss your options.





Damages

If your child has a severe or mild birth defect, your family will require financial compensation to cover medical expenses, loss of income and other expenses. To help prove your claim, it is necessary to gather evidence such as receipts, bills, and credit card payments. If you have more evidence to provide, the more likely your claim will be greater.

Most birth defects are caused by genetic factors and cannot be prevented by doctors. However, some are due to environmental factors or medications. A doctor who prescribes a drug to a mother that increases her risk of having a birth defect may be held liable for negligence.

Having a baby with injuries to the birth or birth defect can be devastating for families and parents. But with the assistance of a Pompano Beach birth defect lawyer and pursue justice for your family and ensure that negligent doctors are accountable. The team at Menzer Law understands the difficulties of a medical malpractice case, and they can guide you through each step of the process to ensure your claim is successful. For more information, schedule an appointment with them to learn how they can assist you.