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How to File a Birth Defect Claim
Parents who find out that their child has a disability that is congenital should seek out an experienced Pompano Beach birth defect lawyer immediately. Unlike some other medical malpractice cases, a birth injury lawsuit has an extremely short time limit.
In addition, a number of birth defects or injuries could have been avoided. Thus, victims should be compensated.
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 recovering damages if a legal claim is not filed within the specified timeframe. A medical malpractice attorney will help ensure that a birth injury lawsuit is filed within the state's statute of limitations.
In some cases, an injury may take an extended time to manifest physically or develop. In these instances it can be difficult to determine when the statute of limitations began or when it was the right time to file. A medical malpractice lawyer who is proficient and compassionate can assist you determine if a claim for birth defects is possible before the statute of limitations runs out in your state.
The first step is to determine the birth defect and connect it to the medical experts who treated your child. For this, the bills as well as receipts and credit card information will be essential. Attorneys can also collect evidence through discovery which is a method of transferring information between parties. This can include taking the depositions of nurses, doctors and hospital staff.
Congenital Disabilities
Congenital disabilities are structural defects that affect the way the body appears and performs. From mild to serious they can impact the body in various ways. Some are more noticeable than others, like lip or palate clefts some are more difficult to spot.
Congenital disorders can be caused by genetic or other chromosomal issues. They may also be caused by infection in the womb during delivery, trauma, environmental influences and medications taken by mothers. They can lead to long-term disabilities and have a negative effect on individuals and their families, the health care system, and the society. They contribute to the burden of neonatal and under-5 mortality.
Neural tube defects and chromosomal disorders like Down syndrome, are among the most prevalent causes of severe congenital disabilities in children. Certain congenital disorders are more common among certain ethnic groups and mothers of a certain age, and parents who descend from the same lineage. Other congenital ailments are caused by environmental or pharmacological influences. The degree of the congenital disability, which organs or body parts it affects, as as the degree to which it affects in daily activities will determine if a person is considered disabled.
Medical expense
Families with children who have severe birth defects must face massive medical costs. These include the cost of ongoing treatment or surgery, as well as therapy for the condition as well as its adverse effects. Families can also be impacted by the emotional strain of raising a child suffering from physical impairment. A lawyer with experience in birth defect cases will assist victims receive the compensation they deserved.
Many congenital and genetic illnesses can be prevented or treated in utero. Unfortunately, doctors often make mistakes in diagnosing or failing to inform parents about test and screening results that could lead to discovery of an anomaly in the birth. In these cases, the parents may pursue a wrongful-life claim against the medical provider.
It isn't easy to prove that a mistake by a doctor resulted in a congenital impairment, an experienced Pompano Beach injury attorney will evaluate the evidence to determine if a claim can be viable. Contact an attorney immediately to discuss your case. You have two years from the time you discovered or should have discovered the injury in order to file a claim.
Lost Wages
A child born with birth defects will require extensive medical treatment which could cost millions of dollars throughout their lives. It is unfair that this financial burden be imposed on families that did not cause the condition. A qualified and empathetic Pompano Beach injury lawyer can help parents consider their legal options.
Our solicitors have been trained in medical negligence cases and place the best interests of clients at the forefront of everything they do. They will investigate all of the causes of the birth defect in your child and identify whether any medical professionals involved in the child's birth should have been held accountable.
A successful claim may include compensation for medical expenses, such as surgery, hospitalization, treatment and medication. It may also cover lost earnings for parents who need to leave work to care for their children, a percentage of the future loss of earnings and punitive damages where the manufacturer of the medication displayed an unintentional disregard for patient safety. Contact us today to discuss your options.
Damages
Whether your child suffers from a mild or severe birth defect, your family needs money to pay for medical bills, loss in income as well as other costs. To prove your claim, you have to gather documents, such as receipts, bills and credit card charges. The more evidence you are able to provide, your award will be greater.
Most birth defects are caused by genetic factors and cannot be prevented by doctors. Certain birth defects are caused by environmental factors or medications. A doctor who prescribes medication to a mother which increases her risk of having an abnormal birth could be held liable for negligence.
birth defect attorneys rochester born with an injury or birth defect can be a tragedy for parents and their families. But with the assistance of a Pompano Beach birth defect lawyer to 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 successful. To find out more, set up an appointment with them to learn how they can help.
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