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 right away. Contrary to other medical malpractice lawsuits, the birth injury lawsuit has limited time limits.

In addition, many birth defects and injuries could have been prevented. Victims require compensation.

Statute of limitations

In the United States, the statutes of limitations differ from state to state. Legal claims must be filed within the timeframe or the victim may not be able recover damages. A medical malpractice lawyer can make sure that a lawsuit arising from a birth injury is filed within the statute of limitations in your state.

In certain instances injuries can take some time to manifest physically or develop. In these instances it can be difficult to determine when the statute of limitations started or when it should have been filed. A skilled and empathetic medical malpractice lawyer will help you determine if the birth defect lawsuit could be filed before the state's statute of limitation expires.

The first step is to identify the birth defect and connect it to the medical specialists who treated your child. For this, the bills as well as receipts and credit card information will be essential. Attorneys can also gather information through discovery, a process that involves exchanging information with different parties. This includes taking depositions from nurses, doctors and hospital personnel.

Congenital Disabilities

Congenital disabilities are structural problems that can affect the way the body appears and performs. Mild to severe they can affect the body in a variety of ways. Certain are more apparent than others, like cleft lips and palates and others, while some are harder to identify.

Congenital diseases can be caused due to chromosomal or genetic defects or infections in the womb, injuries during delivery, environmental effects on fetuses and uterus, or medications taken by the mother. They can lead to long-term disabilities and have a negative effect on individuals and their families, the health system, and the wider society. They contribute to the high burden of infant mortality and neonatal deaths.

Neural tube defects as well as chromosomal disorders, such as Down syndrome, are the leading causes of severe congenital disorders in children. Some congenital conditions are more prevalent in certain ethnic groups, such as maternal age and consanguinity (parents descend from the same kinship). Other congenital diseases are caused by environmental or pharmacological influences. Whether a person with a congenital impairment is considered disabled depends on how severe the condition is and the body part it affects, as well as how much it impacts daily life.

Medical Expenses

Families with children suffering from severe birth defects must face massive medical costs. The cost of therapy, surgery and ongoing treatment for the condition, as well as the side effects that accompany it can be a huge burden. The stress of caring for an physically impaired child can take its toll on families. A skilled lawyer who is familiar with birth defect cases can assist victims obtain the compensation they are entitled to for their loss.

A number of congenital and genetic disorders can be treated or prevented in utero. Unfortunately, doctors may do not recognize or inform parents of tests and screening results which could lead to the discovery of a birth defect. In these cases parents may file a claim for wrongfully dying against the medical provider.

It's difficult to prove that a medical error caused a congenital defect but a skilled Pompano Beach personal injury lawyer will evaluate the evidence to determine if your claim is valid. Contact an attorney right away to discuss your case. You have two years from the time you found or should have been aware of the injury to file a claim.

Lost Wages

A child born with a birth defect is likely to require extensive medical treatment, that could cost millions throughout their lifetime. This financial burden shouldn't be imposed on families that didn't contribute to the condition. A knowledgeable and compassionate Pompano Beach injury lawyer can help parents consider their legal options.

Our solicitors are well-trained in medical negligence claims and put the best interests of clients at the forefront of everything they do. They will explore all of the factors that led to the birth defect of your child and identify whether any medical professionals involved in your child's delivery should have been held to account.

A successful case could result in compensation for medical expenses such as hospitalizations, surgeries, prolonged treatment and medication. It could also include lost wages for parents that have to take time off to take care of their children, a portion of future lost earnings and punitive damages in cases where the drug manufacturer exhibited an unintentional disregard for patient safety. Contact us today to discuss your options.

Damages

Your family will require monetary compensation for medical bills, lost income, and other expenses regardless whether your child is suffering from an issue that is severe or mild. To support your claim, you need to collect documents such as receipts, bills, and credit card payments. If you have more evidence to provide, the greater your payout will be greater.

Most birth defects are caused by genetic factors and cannot be controlled by physicians. Certain birth defects are caused through environmental factors or medications. For instance, a physician prescribing a drug to the mother that increases the chance of having a birth defect could be held liable for negligence.

The birth of a child with injuries to the birth or birth defect can be devastating for parents and families. With the assistance 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. The team at Menzer Law understands the difficulties of a medical malpractice lawsuit and can help you through each step to ensure you file your claim in a timely manner. To find out more, set up an appointment to discuss what they can do to help you.