How to File a Birth Defect Claim

Parents who discover their child has a congenital disability should seek out an experienced Pompano Beach birth defect lawyer immediately. Contrary to other medical malpractice claims a birth injury lawsuit is subject to a short statute of limitations.

Furthermore, a lot of birth defects or injuries could have been avoided. Victims need compensation.

Statute of Limitations

In the United States the statutes vary between states. The injured party may be unable to recover damages should a legal action not filed within the stipulated timeframe. A medical malpractice attorney can help ensure a birth injury lawsuit is filed within your state's statute of limitations.

In some instances an injury could take longer to manifest physically or develop. In these cases, it is often difficult to determine when the statute of limitations started or when it was the right time to file. A medical malpractice lawyer who is experienced and compassionate can help determine if a suit for birth defects can be filed before the statute of limitations runs out in your state.

The first step is to pinpoint the birth defect and link it to the medical professionals who treated your child. For this, birth defect Lawyer the bills, receipts and credit card records will be vital. Attorneys can also gather evidence through discovery, which is a process of exchanging information between parties. This may include taking depositions from doctors, nurses and hospital personnel.

Congenital Disabilities

Congenital disabilities are structural problems that are present at birth and affect how the body looks or functions. Mild to severe they can impact the body in various ways. Some are more obvious than others, for instance mouth and lips clefts however, others are more difficult to recognize.

Congenital problems can be caused by genetic or other chromosomal disorders. They may also be caused by infections in the womb during pregnancy trauma, environmental influences and medications taken by mothers. They can result in 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 high mortality of infants and children aged less than 5.

Neural tube defects and chromosomal diseases like Down syndrome, are the most common causes of severe congenital disabilities in children. Certain congenital conditions are more prevalent in certain ethnic groups, maternal age and consanguinity (parents descend from the same kinship). Other congenital ailments are caused by environmental or pharmacological influences. What determines if a person with a congenital handicap is disabled is determined by the severity of the condition as well as the organ or body part it affects, as well as the extent to which it affects daily activities.

Medical Costs

Families who have children with severe birth defects are faced with huge medical expenses. The cost of surgeries, therapy and long-term treatment for the condition as well as the side effects that accompany it are often enormous. The stress of raising a physically impaired child can also take its toll on families. An experienced lawyer who has handled birth defect cases can help victims receive the compensation they are entitled to.

Many genetic and congenital diseases can be treated or prevented in the uterus. Doctors can misdiagnose certain conditions or fail to inform their parents of screening or tests that may have resulted in the discovery of birth defects. In these cases, the parents could bring a wrongful death claim against the medical provider.

Although it can be difficult to prove that a doctor's error caused a congenital handicap An experienced Pompano Beach injury lawyer can review the evidence and determine if a claim is viable. Contact a lawyer immediately to discuss your case. You have two years to file a claim if you discover or should have discovered the injury.

Lost Wages

A child born with birth defects will require a lot of medical attention which could cost millions of dollars in their lifetime. It's unfair that this financial burden should be imposed on families that did not cause the condition. A Pompano Beach injury lawyer who is experienced and compassionate can assist parents in exploring legal options.

Our lawyers are well-trained in medical malpractice claims and always consider the best interests of the client first. They will look into all circumstances that led to your baby's birth defect to determine whether any medical professionals involved in the birth of your child were responsible.

A successful claim may include the reimbursement of medical expenses such as hospitalizations, surgeries and extended treatment and medication. Parents who have to take time off to take care of their child may also be entitled to compensation for lost earnings, a portion of future lost earnings, or punitive damages if the manufacturer of the medication did not take the proper precautions to ensure the safety of patients. Contact us now to discuss your options without obligation.

Damages

Whether your child suffers from a severe or mild birth defect, your family will require financial compensation to cover medical bills, loss of income and other costs. To prove your claim, you will need to gather documents, such as bills, receipts and credit card transactions. The more documents you can provide the more evidence you can provide, Birth defect Lawyer the greater your reward.

The majority of birth defect lawyers problems are genetic and cannot be avoided. Some birth defects are caused by environmental factors or medication. For example, a doctor prescribing a medicine to the mother that increases the chance of having a birth defect can be held liable for negligence.

A baby born with an injury from birth or a birth defect can be devastating for families and parents. But with the help of a Pompano Beach birth defect lawyer and pursue 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 they can guide you through each step of the process to ensure your claim is successful. Call today to find out more about how they can assist you.