How to File a Birth Defect Claim

Parents who find out that their child suffers from a congenital disability should contact an experienced Pompano Beach birth defect lawyer as soon as possible. Unlike some other medical malpractice cases, the birth defect attorney injury lawsuit has a short statute of limitations.

Additionally, many birth defects or injuries could have been avoided. Victims require compensation.

Statute of limitations

In the United States the statutes vary from one state to another. A legal claim must be filed within this time frame otherwise the person who was injured may not be able to claim damages. An attorney for medical malpractice can assist in ensuring the birth injury lawsuit is filed within the state's statute of limitations.

In some instances it takes time for an injury to manifest physically or develop. In these instances, it can be difficult to determine when the statute of limitation began or when a lawsuit ought to have been filed. A knowledgeable and compassionate medical malpractice lawyer can help you determine if a birth defect lawsuit can be filed before your state's statutes of limitations expire.

The first step in identifying the birth defect is to connect it with the medical professionals that treated your child. For this, the bills, receipts and credit card records will be vital. Attorneys can also collect evidence through discovery which is a method of transferring information between parties. This could involve taking depositions of doctors, nurses and hospital staff.

Congenital Disabilities

Congenital disabilities are structural defects present at birth that can affect how the body looks or functions. Mild to severe, they can alter the body's appearance in many ways. Some are more obvious than others, like the cleft palate and lips while others are more difficult to detect.

Congenital problems can be caused by genetic or other chromosomal anomalies. They can also be caused by infection during the birth process trauma, environmental influences and medications taken by mothers. They can cause long-term disabilities and have a negative impact on the individual and their families, the health care system, and the society. They contribute to the high mortality rate of neonates and children under five.

Neural tube defects and chromosomal diseases, such as Down syndrome, are among the most common causes of severe congenital disorders in children. Certain congenital diseases are more prevalent in certain ethnic groups, as well as maternal age and consanguinity (parents descend from the same kinship). Other congenital disorders are caused by pharmacological or environmental influences. The extent of the congenital impairment, which organs or body parts it affects, as as the extent to which it impacts with daily activities will determine if someone is considered disabled.

Medical Expenses

Families with children suffering from severe birth defect lawsuits defects must face massive medical expenses. These include the cost of a lifetime of treatment, therapy and surgery for the condition and its adverse effects. Families can also be affected by the emotional strain of raising a child suffering from physical impairment. A lawyer with experience in birth defect cases will assist victims get the money they are entitled to.

A variety of genetic and congenital disorders are treatable or preventable utero. Doctors can misdiagnose certain conditions or fail to inform their parents of screening and test results that could have resulted in the identification of birth defects. In these instances, parents may file a wrongful life claim against the medical provider.

Although it's difficult to prove that a medical error led to a congenital disability, a seasoned Pompano Beach injury lawyer can review the evidence and determine if a claim can be feasible. Contact an attorney right away to discuss your case. You have two years from the date you discovered or should have known about the injury to file a claim.

Lost Wages

A child born with a birth defect is likely to require extensive medical treatment which can cost a lot throughout their life. This financial burden shouldn't be placed on families that didn't contribute to the problem. A Pompano Beach injury attorney who is qualified and sympathetic can assist parents in exploring legal options.

Our lawyers are well-trained in medical malpractice cases and always ensure that the best interests of the client are first. They will look into all the causes of the birth defect of your child and determine whether any medical experts involved in the child's birth ought to have been held accountable.

A successful lawsuit could include compensation for medical costs such as hospitalizations and surgeries, extended treatments, and prescriptions. It may also include lost wages for parents that have to miss to take care of their children, a portion of future lost earnings and punitive damages in cases where the drug manufacturer showed an utter disregard for patient safety. Contact us today to discuss your options.

Damages

No matter if your child is suffering from an acute or mild birth issue, your family may require financial compensation to cover medical bills, loss of income as well as other costs. You will need to gather documents, such as credit card payments, receipts and bills, to establish your claim. The more evidence you can offer more information, the better your claim will be.

The majority of birth defects are caused by genetic factors and can't be cured by doctors. However, some birth defects are due to environmental factors or medication. A doctor who prescribes a medicine to a mother, which increases her chances of having an ailment during birth could be held liable for negligence.

A child born with a birth defect or injury can be a tragedy for parents and their families. But with the assistance of a Pompano Beach birth defect lawyer who can help you seek justice for your family and ensure that negligent doctors are held accountable. The team at Menzer Law understands the difficulties of a medical negligence claim and can help you through each step of the process to ensure you file your claim in a timely manner. For more information, schedule a consultation to find out how they can help.