How to File a Birth Defect Claim

Parents who discover that their child has a congenital disability must contact a seasoned Pompano Beach birth defect lawyer as soon as possible. Contrary to other medical malpractice lawsuits, a birth injury lawsuit is subject to a short statute of limitations.

Additionally, many birth defects or injuries could have been avoided. Therefore, victims deserve compensation.

Statute of limitations

In the United States, the statutes of limitations differ from state to state. A legal claim must be filed within the timeframe or the victim may not be able recover damages. A medical malpractice lawyer can ensure that a claim for birth injury is filed within the statute of limitations in your state.

In certain cases it takes a while for an injury to manifest physically or developmentally. In these instances, it is often difficult to determine when the statute of limitations first began or when it should have been filed. A medical malpractice lawyer who is experienced and compassionate can help you determine if a claim for birth defects is possible before the statute of limitations runs out in your state.

The first step to identify the birth defect is to connect it to the medical professionals who treated your child. The receipts, bills credit card information and other records of medical treatment are important in this process. Attorneys can also collect information through discovery, a procedure which involves sharing information with other parties. This could include taking depositions of doctors, nurses and hospital personnel.

Congenital Disabilities

Congenital disabilities are structural problems present at birth and birth defect lawyer can influence how the body appears or performs. From mild to severe, they can affect the body in many ways. Some are more obvious than others, like the cleft palate or lips some are more difficult to recognize.

Congenital disorders can be triggered by chromosomal or genetic abnormalities or infections in the womb, trauma during delivery, environmental effects on fetuses and uterus, as well as the medication that the mother takes. They can cause long-term disability that have a negative impact on people and their families, as well as the health care system, and society. They contribute to the high mortality of neonates and children under five.

The most frequent causes of congenital disability in children are neural tube defects and chromosomal diseases, such as Down syndrome. Certain congenital disorders are more prevalent in certain ethnic groups, maternal age and consanguinity (parents descend from the same kinship). Other conditions are triggered by nature or are caused by pharmacological or environmental factors. What determines if a person with a congenital disability is disabled is based on how severe the condition is, which organ or body component it affects, and the extent to which it affects daily activities.

Medical expense

Families with children who suffer from severe birth defects are faced with huge medical costs. This includes the cost of permanent treatment or surgery, as well as therapy for the condition and its resulting adverse effects. Families can also be affected by the emotional strain of raising a child with physical disabilities. An experienced lawyer who has handled birth defect lawyers defect cases will assist victims receive the compensation they are entitled to.

Many genetic and congenital diseases can be treated or prevented in utero. Doctors may misdiagnose problems or fail to inform their parents of screening and tests that may have resulted in the discovery of birth defects. In these cases parents may seek compensation for wrongfully dying against the medical professional.

It's difficult to prove a doctor's mistake resulted in a congenital problem but a skilled Pompano Beach personal injury lawyer can evaluate the evidence to determine if the claim is a possibility. Contact a lawyer immediately to discuss your case. You have two years to file a claim if you have discovered or should have discovered the injury.

Lost Wages

A child born with birth defects requires extensive medical treatment which could cost millions of dollars throughout their lives. This cost shouldn't fall on families that didn't contribute to the condition. A Pompano Beach injury lawyer who is competent and understanding can assist parents to explore legal options.

Our solicitors are expertly trained in medical negligence claims and put the best interests of their clients at the core of their work. They will look into all circumstances concerning the birth defect attorney defect of your baby to determine if any medical professionals involved in the birth of your child were responsible.

A successful claim can include compensation for medical expenses such as surgery, hospitalization, treatment and medications. It may also cover lost earnings for parents who need to work to care for their children, a percentage of the future loss of earnings and punitive damages where the drug manufacturer showed an unflinching disregard for the patient's safety. Contact us now to discuss your options without obligation.

Damages

Your family may require financial compensation for medical bills, lost income, and other expenses, regardless of whether your child suffers from an issue that is severe or mild. To prove your claim, you will need to gather documents like bills, receipts and credit card payment. If you have more evidence to provide, the greater your payout will be higher.

Most birth defects are genetic and cannot be prevented. However, some of them are linked to the environment or medications. For instance, a doctor prescribing medication to a mother that increases the risk of a birth defect can be held liable for negligence.

A baby born with an injury or birth defect can be devastating to 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 malpractice claim and will guide you through every step to ensure that your claim is successful. Call now to learn more about how they can assist you.