How to File a Birth Defect Claim

Parents who discover their child has a congenital defect must contact a Pompano Beach birth defect lawyer as soon as they can. Unlike some other medical malpractice claims, the birth injury lawsuit has a short statute of limitations.

Additionally, many birth defects or 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 this timeframe or the injured party may not be able recover damages. A medical malpractice lawyer can make sure that a suit for birth defect birth injuries is filed within the statute of limitations in your state.

In some instances it takes a while for an injury to manifest itself physically or developmentally. In these instances, it can be difficult to determine when the statute of limitations began or when a case ought to have been filed. A medical malpractice lawyer who is experienced and compassionate can help you determine if a claim for birth defects can be filed before the statute of limitations expires in your state.

The first step in identifying the birth defect is to link it with the medical professionals that treated your child. The receipts, bills credit card records, and other documentation of medical treatments will be crucial in this process. Attorneys can also collect information through discovery, a process that involves sharing information with other parties. This could include taking depositions from doctors, nurses and hospital personnel.

Congenital Disabilities

Congenital disorders are structural flaws that affect how the body appears and functions. They range from mild to severe. Some are more obvious than others, such as mouth or palate clefts some are harder to detect.

Congenital disorders may be caused by chromosomal and genetic anomalies or infections in the womb, injuries during delivery, environmental influences on fetuses inside the uterus, or medications taken by the mother. They can cause long-term disabilities and negative effect on individuals as well as their families, the health care system and the wider society. They contribute to the burden of infant and child mortality.

The most frequent causes of congenital disabilities in children are neural tube defects and chromosomal diseases, such as Down syndrome. Certain congenital disorders are more prevalent in certain ethnic groups, mothers of a certain age, and parents who descend from the same lineage. Other conditions are triggered by nature or are linked to environmental or pharmacological factors. The degree of the congenital disability and the organs or body parts it affects, as as how much it interferes in daily life, will determine whether the person is disabled.

Medical expense

Parents of children with severe birth defects face enormous medical costs. The cost of therapy, surgery and birth defect long-term treatment for the condition as well as the side effects that accompany it are often enormous. The emotional strain of caring for a child with physical impairment can also be a burden on families. A skilled lawyer with experience in birth defect cases can assist victims get the compensation they are entitled to for their losses.

Many genetic and congenital diseases can be prevented or treated in utero. Unfortunately, doctors may misdiagnose or fail to inform parents about test and screening results that could lead to discovery of an anomaly in the birth defect lawsuits. In these cases parents may be able to bring a lawsuit for wrongfully dying against the medical professional.

Although it can be difficult to prove that a doctor's error caused a congenital handicap, an experienced Pompano Beach injury attorney can evaluate the evidence and determine if a claim can be feasible. Contact an attorney as soon as possible to discuss your case. You have two years from the date you first discovered or had knowledge of the injury to submit a claim.

Lost Wages

A child born with a birth defect could require extensive medical care, which could cost millions in their lives. It's unfair that this financial burden be imposed on families that have no responsibility for the condition. A skilled and understanding Pompano Beach injury lawyer can assist parents to explore their legal options.

Our lawyers are well-trained in medical malpractice cases and always consider the best interests of the client first. They will investigate all of the circumstances surrounding the birth defect of your child, and determine if any medical experts involved in the delivery of your child should have been held accountable.

A successful claim could include compensation for medical costs such as hospitalizations, surgeries, prolonged treatments, and medications. It may also cover lost wages for parents that have to to care for their children, a percentage of future lost earnings, and punitive damages in cases where the drug manufacturer displayed an unintentional disregard for patient safety. Contact us today to discuss your options, without obligation.

Damages

Your family will need monetary compensation for medical expenses, lost income and other expenses regardless whether your child has an injury that is mild or severe. You'll need to gather documents, including payment receipts from credit cards, and bills, to support your claim. The more evidence you are able to provide, the more likely your claim will be higher.

Most birth defects are genetic and cannot be cured. However, some of them are caused by the environment or medications. A doctor who prescribes a medication to a mother which increases her risk of having a birth defect may be held liable for negligence.

A child born with an injury or birth defect could be a devastating experience for parents and their families. But with the help of a Pompano Beach birth defect lawyer to pursue justice for your family and ensure that negligent doctors are held accountable. The team at Menzer Law understands the difficulties of a medical malpractice lawsuit and will guide you through each step to ensure your claim is successful. To learn more, schedule an appointment to discuss how they can assist you.