How to File a Birth Defect Claim

Parents who discover that their child has an abnormality that is congenital should contact a Pompano Beach birth defects lawyer right away. A birth injury lawsuit is subject to a shorter statute of limitations than other medical malpractice claims.

Additionally, a lot of birth defect law firms injuries and birth defects could have been prevented. Victims require compensation.

Statute of Limitations

In the United States the statutes vary from one state to the next. A legal claim must be filed within the timeframe or the injured party may not be able to claim damages. A medical malpractice attorney can assist in ensuring a birth injury lawsuit is filed within your state's statute of limitations.

In some instances it can take a long time for an injury to manifest physically or in a developmental way. In these instances it can be difficult to determine when the statute of limitations began or when it should have been filed. A knowledgeable and compassionate medical malpractice attorney can assist you in determining whether an action for birth defects can be filed before the state's statute of limitations runs out.

The first step to identify the birth defect is to link it to the medical professionals that treated your child. Receptions, bills credit card records, as well as other documentation of medical treatment will be important in this process. Attorneys can also collect information through discovery, a process that involves exchanging information with other parties. This can include taking the depositions of nurses, doctors, and hospital staff.

Congenital Disabilities

Congenital disabilities are structural problems that are present at birth and affect how the body looks or functions. They can range from mild to severe. Some are more noticeable than others, such as lip and palate clefts and others, while some are harder to recognize.

Congenital disorders can be caused by chromosomal and genetic anomalies and infections in the womb, trauma during delivery, environmental impacts on fetuses inside the uterus, and medication that the mother takes. They can cause long-term disability which is a burden on families, individuals as well as health systems and societies. They are a major cause of mortality among infants and children under 5.

The most common causes of severe congenital disabilities in children are neural tube defects as well as chromosomal issues like Down syndrome. Some congenital disorders are more common among certain ethnic groups, mothers of an aforementioned age and parents who descend from the same lineage. Others are caused by a natural process or are linked to environmental or pharmacological factors. The extent of the congenital impairment the organs or body parts it affects, as well as the degree to which it affects in daily life, will determine whether the person is disabled.

Medical expenses

Families with children who suffer from severe birth defects face enormous medical expenses. These include the cost of lifelong treatment and therapy, as well as surgery for the condition and its negative side effects. Families can also be impacted by the emotional strain of raising a child who has physical disabilities. An experienced lawyer who has handled birth defect cases will help victims receive the compensation they are entitled to.

A variety of congenital and genetic diseases are preventable or treatable in the uterus. However, doctors can make mistakes in diagnosing or failing to inform parents about test and screening results which could lead to the discovery of birth defects. In these cases parents may make a claim for wrongfully dying against the medical provider.

Although it's difficult to prove that a doctor's error led to a congenital disability, an experienced Pompano Beach injury attorney can evaluate the evidence and determine if a claim can be viable. Contact an attorney as soon as possible to discuss your case. You have two years to file a claim if you've discovered or should have discovered the injury.

Lost Wages

A child born with birth defects will require extensive medical treatment which could cost thousands of dollars in their lifetime. It's inexcusable that this financial burden should be borne by families who did not cause the problem. A Pompano Beach injury attorney who is qualified and sympathetic can help parents explore legal options.

Our solicitors are highly trained in medical negligence claims and place the best interests of their clients at the center of their work. They will explore all of the causes of your child's birth defect and determine whether any medical professionals involved in the delivery of your child should have been held to account.

A successful case could result in reimbursement for medical expenses such as hospitalizations, surgeries, extended treatment and medication. It may also cover lost wages for parents who have to miss to care for their children, a portion of future lost earnings, and punitive damages if the drug manufacturer exhibited an unflinching disregard for the patient's safety. Contact us today to discuss your options.

Damages

Your family may require financial compensation for medical bills, lost income, and other expenses, regardless whether your child has a serious or mild defect. You will need to gather documents, such as credit card transactions, receipts and bills, to prove your claim. The more you can provide the more evidence, the greater your payout.

The majority of birth defects are caused by genetic factors and cannot be controlled by physicians. However, some birth defects are related to environmental factors or medication. For instance, a physician prescribing a medicine to the mother that increases the risk of a birth defect can be held liable for negligence.

Being a parent of a child who has an injury from birth or a birth defect can be a devastating experience for parents and families. With the help of a Pompano Beach lawyer for birth defects and birth defects, you can pursue justice for your family. You can also ensure that negligent doctors are held accountable. The team at Menzer Law understands the difficulties of a medical malpractice case and can guide you through each step of the process to ensure you file your claim in a timely manner. Call now to learn more about how they can assist you.