How to File a Birth Defect Claim

Parents who find out that their child suffers from a congenital defect should consult a Pompano Beach birth defects lawyer right away. Birth injury lawsuits are subject to a shorter statute of limitations than other medical malpractice lawsuits.

Additionally, a lot of birth injuries and defects could have been avoided. Thus, birth defect lawsuit victims should be compensated.

Statute of Limitations

In the United States the statutes vary from state to state. The party who was injured could be unable to recover damages in the event that a legal claim was not filed within the stipulated time period. An attorney for medical malpractice can assist in ensuring that a birth injury lawsuit is filed within your state's statute of limitations.

In certain cases it can take a long time for an injury to manifest physically or in a developmental way. In these instances it may be difficult to determine when the statute of limitation began or when a case ought to have been filed. A skilled and sympathetic medical malpractice lawyer can help you determine whether a birth defect lawsuit can be filed before your state's statute of limitations runs out.

The first step in identifying the birth defect is to connect it with the medical professionals who treated your child. Receipts, bills, credit card records and other documentation of medical treatment are crucial in this process. Attorneys can also collect information through discovery, a process that involves sharing information with other parties. This could involve taking depositions of nurses, doctors and hospital staff.

Congenital Disabilities

Congenital disorders are structural flaws that affect the way the body appears and performs. They can range from mild to severe. Certain are more apparent than others, such as lip and palate clefts however, others are more difficult to spot.

Congenital conditions can be caused by genetic or other chromosomal anomalies. They can also be caused by infection in the womb during birth trauma, environmental factors, and medication taken by mothers. They can lead to long-term disabilities, which have a negative impact on people, their families, the health care system and society. They contribute to the high mortality rate of neonates and children under five.

Neural tube defects and chromosomal disorders like Down syndrome, are among the leading causes of severe congenital disorders in children. Some congenital disorders are more prevalent in certain ethnic groups as well as mothers who are of an age group and parents who descend from the same lineage. Some are unintentionally occurring or caused by pharmacological or environmental factors. The degree to which a person suffering from a congenital disability is disabled is based on the severity of the condition and what organ or body part it affects, and how much it interferes with everyday life.

Medical expenses

Families with children who have severe birth defects face enormous medical expenses. The cost of therapy, surgery and ongoing treatment for the condition and its side effects are often enormous. Families can also be affected by the emotional strain of raising a child suffering from physical disabilities. An attorney with experience in birth defect cases will assist victims receive the compensation they deserved.

A variety of congenital and genetic disorders are treatable or preventable in utero. Doctors may misdiagnose problems or fail to inform parents of screening and test results that could have resulted in the identification of birth defects. In these cases parents may bring a lawsuit for an unjustified death against the medical provider.

It's hard to prove that a doctor's error resulted in a congenital problem, but an experienced Pompano Beach personal injury lawyer can evaluate the evidence to determine if the claim is a possibility. Get in touch with a lawyer today 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 thousands of dollars over their lives. This financial burden shouldn't be imposed on families that didn't contribute to the problem. A Pompano Beach injury lawyer who is experienced and compassionate can help parents explore legal options.

Our lawyers are highly trained in medical malpractice claims and always place the client's best interests first. They will investigate all the circumstances concerning the birth defect of your baby to determine the medical professionals who assisted with your child's delivery were accountable.

A successful claim could include compensation for medical expenses, such as hospitalizations, surgeries, prolonged treatment and medication. Parents who are forced by their job to take care of their child could also be entitled to compensation for lost wages, a portion of future lost earnings or punitive damages if the pharmaceutical company did not take the proper precautions to ensure patient safety. Contact us today to discuss your options.

Damages

If your child has an unintentional or severe birth defect, your family will require an amount of money to cover medical bills, loss in income and other costs. You'll need to gather documents, including credit card payments, receipts and bills, to establish your claim. The more documents you can provide the more evidence you can provide, the greater your reward.

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

Having a baby with an injury to their birth or a birth defect can be devastating for families and parents. However, with the help of a Pompano Beach birth defect lawyer and pursue justice for your family and ensure that negligent doctors are held accountable. Menzer Law can help you to navigate the medical malpractice claims process. They will guide you through each step and ensure that your claim is successfully filed. To learn more, book an appointment to discuss how they can assist you.