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How to File a Birth Defect Claim
Parents who discover their child is suffering from a congenital handicap must contact a seasoned Pompano Beach birth defect lawyer as soon as possible. Contrary to other medical malpractice cases, birth injury lawsuits have an extremely short time limit.
Additionally, many birth defects or injuries could have been avoided. Therefore, victims require compensation.
Statute of Limitations
In the United States, the statutes of limitations vary from state to state. The victim may be barred from recovering damages when a legal claim is not filed within the stipulated time period. A medical malpractice lawyer can help ensure a birth injury lawsuit is filed within your state's statute of limitations.
In certain instances an injury could take some time to manifest physically or develop. In these cases it is often difficult to determine when the statute of limitations was first triggered or when it should have been filed. A medical malpractice lawyer who is knowledgeable and compassionate can help determine if a lawsuit involving birth defects is possible before the statute of limitations runs out in your state.
The first step in identifying the birth defect is to connect it with the medical professionals that treated your child. Receptions, bills as well as credit card records and other documentation of medical treatment will be important in this process. Attorneys can also gather information through discovery, a process which involves exchanging information with different parties. This could include taking depositions from nurses, doctors and hospital personnel.
Congenital Disabilities
Congenital disabilities are structural issues that affect how the body looks and functions. From mild to serious, they can affect the body in many ways. Some are more noticeable than others, like lip and palate clefts and others, while some are harder to detect.
Congenital disorders can be triggered by chromosomal and genetic anomalies, infection in the womb, trauma during delivery, environmental influences on fetuses and uterus, as well as the medication used by the mother. They can cause long-term disabilities that have a negative impact on the individual and their families, as well as the health care system and society. They contribute to the high mortality rate of infants and children aged less than 5.
The most common causes of severe congenital disability in children are neural tube defects as well as chromosomal issues like Down syndrome. Certain congenital diseases are more common in certain ethnic groups, maternal age and consanguinity (parents descend from the same kinship). Some are unintentionally occurring or caused by pharmacological or environmental factors. If a person who has a congenital disability is considered disabled is determined by how severe the condition is and the body area it affects and the extent to which it affects daily life.
Medical expense
Families with children who have severe birth defects are faced with enormous medical costs. The cost of therapy, surgery and long-term treatment for the condition, as well as its side effects can be a huge burden. Families can also be impacted by the emotional strain of raising a child suffering from physical disabilities. A lawyer with experience in birth defect cases can help victims get the justice they deserve.
A variety of genetic and congenital disorders can be treated or prevented in the uterus. Unfortunately, doctors sometimes do not recognize or inform parents of tests and screening results which may lead to the discovery of an anomaly in the birth. In these cases, the parents may pursue a wrongful-life claim against the medical provider.
While it is difficult to prove that a doctor's error caused a congenital handicap, an experienced Pompano Beach injury lawyer will evaluate the evidence to determine if a claim is viable. Contact a lawyer right away to discuss your case. You have two years from the time you first discovered or had knowledge of the injury to file a claim.
Lost Wages
A child born with a birth defect is likely to require extensive medical care, which can cost millions throughout their lives. This financial burden shouldn't be placed on families that didn't cause the problem. A knowledgeable and compassionate Pompano Beach injury lawyer can assist parents to explore their legal options.
Our solicitors are highly trained in medical negligence claims and place the best interests of clients at the heart of everything they do. They will examine all of the circumstances surrounding the birth defect of your child and determine whether any medical professionals involved in the child's birth ought to have been held accountable.
A successful case could result in compensation for medical costs like hospitalizations and surgeries, prolonged treatments, and prescriptions. Parents who are forced to miss work to take care of their child could also be entitled to lost wages, a portion of future earnings loss or punitive damages if the pharmaceutical company has shown a clear disregard for patient safety. Contact us today to discuss your options.
Damages
If your child is suffering from a mild or severe birth defect, your family will require money to pay for medical bills, loss of income as well as other costs. To help prove your claim, you will need to gather documents like receipts, bills and credit card payment. The more evidence you can offer more information, the better your claim will be.
Most birth defects are caused by genetic factors and cannot be prevented by doctors. However, there are birth defect attorneys hemet that are linked to environmental factors or medication. For instance, a doctor prescribing a drug to the mother that increases the chance of having a birth defect could be held accountable for negligence.
A baby born with a birth defect or injury could be a devastating experience for parents and their families. With the help of a Pompano Beach lawyer for birth defects, you can seek justice for your family. You can also ensure that negligent doctors are held accountable. Menzer Law can help you navigate the medical malpractice claim process. They will guide you through each step and ensure that your claim is submitted successfully. Call today to find out more about how they can help you.
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