How to File a Birth Defect Claim

Parents who discover that their child suffers from a congenital disability should contact an experienced Pompano Beach birth defect lawyer right away. A birth injury lawsuit is subject to a shorter time limit of limitations than other medical malpractice claims.

Furthermore, a lot of birth defects or injuries could have been prevented. Thus, victims should be compensated.

Statute of limitations

In the United States the statutes vary between states. The injured party may be barred from recovering damages when a legal claim is not filed within the stipulated timeframe. An attorney for medical malpractice can assist in ensuring a birth injury lawsuit is filed within the state's statute of limitations.

In some instances, it takes a while for an injury to manifest itself physically or develop. In these instances it can be a challenge to determine the date when the statute of limitations began or when a lawsuit should have been filed. A medical malpractice lawyer who is experienced and compassionate can help determine if a lawsuit involving birth defects is possible 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 experts who treated your child. In this process, records of bills, receipts and credit card records will be vital. Attorneys can also gather evidence through discovery that is the process of exchanging information between two parties. This could include taking depositions from nurses, doctors and hospital personnel.

Congenital Disabilities

Congenital disorders are structural flaws that can affect the way the body appears and performs. They can range from mild to severe. Some are more obvious than others, like cleft lips or palates and others are more difficult to recognize.

Congenital diseases can be caused by genetic or chromosomal abnormalities, infection in the womb, injuries during delivery, environmental impacts on fetuses and uterus, or medications that the mother takes. They cause long-term disability, which is a burden on individuals, families as well as health systems and societies. They contribute to the high burden of infant and child mortality.

The most common causes of severe congenital disabilities in children are neural tube defects and chromosomal conditions, such as Down syndrome. Certain congenital conditions are more common in certain ethnic groups, due to maternal age and consanguinity (parents descend from the same kinship). Other congenital conditions are caused by pharmacological or environmental influences. The severity of the congenital disability as well as the organs and body parts it affects, as as how much it hinders with daily activities will determine if someone is considered disabled.

Medical expenses

Families with children who suffer from serious birth defects face huge medical expenses. The cost of therapy, surgery and ongoing treatment for the condition and the side effects that accompany it can be huge. Families can also be affected by the emotional stress of raising a child suffering from physical impairment. An experienced lawyer who has handled birth defect cases can help victims get the justice they deserved.

A number of genetic and congenital disorders are preventable or treatable in utero. Doctors often misdiagnose or fail to inform parents of screening or test results that could have led to the discovery of birth defects. In these instances, parents could make a claim for wrongful life against the medical provider.

It's difficult to prove a doctor's mistake caused a congenital condition however, a seasoned Pompano Beach personal injury lawyer can evaluate the evidence to determine whether a claim is viable. Contact an attorney as soon as possible to discuss your case. You have two years from the date you discovered or should have had knowledge of the injury to submit a claim.

Lost Wages

A child born with a birth defect could require extensive medical treatment, which could cost millions over the course of their life. It's inexcusable that this financial burden be borne by families who didn't cause the condition. A Pompano Beach injury attorney who is qualified and sympathetic can assist parents to explore legal options.

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

A successful claim could include reimbursement for medical expenses such as hospitalizations and surgeries, extended treatments, and prescriptions. It may also cover lost wages for birth defect parents who have to leave work to care for their children, a percentage of the future loss of earnings and punitive damages when the manufacturer of the medication displayed an unflinching disregard for the patient's safety. Contact us today to discuss your options.

Damages

No matter if your child is suffering from a mild or severe birth defect, your family needs money to pay for medical expenses, loss of income and other expenses. You'll need to gather documents, such as payment receipts from credit cards, and bills, to support your claim. The more evidence you can provide, the more likely your claim will be greater.

Most birth defects are genetic and cannot be avoided. Some birth defects are caused by environmental factors or medication. For instance, a physician prescribing a medicine to the mother that increases the risk of a birth defect could be held liable for negligence.

A baby born with an injury or defect in the birth defect lawyers can be devastating to parents and their 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 will be held accountable. The team at Menzer Law understands the difficulties of a medical negligence claim and can help you through each step of the process to ensure your claim is successful. Call today to learn more about how they can help you.