How to File a Birth Defect Claim

Parents who find out that your child has a congenital defect should contact a Pompano Beach birth defect lawyer immediately. Birth injury lawsuits are limited to a shorter duration of limitations than other medical malpractice claims.

In addition, a number of birth defects or injuries could have been prevented. Victims need 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 otherwise the person who was injured may not be able to 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 instances an injury can take longer to manifest physically or develop. In these instances it may be difficult to determine the date when the statute of limitation began or when a lawsuit should have been filed. A medical malpractice lawyer who is knowledgeable and compassionate can help determine if a lawsuit for birth defects is possible before the statute of limitations runs out in your state.

The first step is to determine the birth defect and link it to the medical professionals who treated your child. The receipts, bills, credit card records and other documentation of medical treatment are crucial in this process. Attorneys can also collect information through discovery, a procedure which involves exchanging information with other parties. This includes taking depositions from doctors, nurses and hospital staff.

Congenital Disabilities

Congenital disabilities are structural issues which can affect how the body looks and performs. Mild to severe they can affect the body in many ways. Some are more noticeable than others, like mouth and lips clefts, whereas others are harder to spot.

Congenital disorders can be caused by genetic or other chromosomal disorders. They may also be caused by infections in the womb during delivery, trauma, environmental influences and medications taken by mothers. They cause long-term disabilities, which is a burden on families, individuals, health care systems and societies. They contribute to the burden of infant and child mortality.

The main causes of severe congenital disability in children are neural tube defects and chromosomal diseases, such as Down syndrome. Some congenital disorders are more prevalent in certain ethnic groups, mothers who are of an age group and parents that descend from the same lineage. Some are unintentionally occurring or connected to pharmacological or environment factors. What determines if a person with a congenital disability is disabled is contingent on the severity of the condition and what organ or body part it affects, as well as how much it impacts everyday activities.

Medical Expenses

Families with children who have severe birth defects are confronted with huge medical expenses. These include the cost of permanent treatment and therapy, as well as surgery for the condition as well as its adverse effects. The stress of raising a child with physical impairment can also be a burden on families. A lawyer with experience in birth defect cases will help victims get the justice they are entitled to.

A variety of congenital and genetic disorders can be treated or prevented in the uterus. Doctors may misdiagnose problems or fail to inform parents of screening or test results that could have resulted in the discovery of birth defects. In these instances parents may be able to file a claim for unjustified death against the medical provider.

It is difficult to prove that a doctor's error caused a congenital defect however an experienced Pompano Beach personal injury lawyer can assess the evidence to determine whether your claim is valid. 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 file a claim.

Lost Wages

A child born with birth defects requires extensive medical treatment that could cost millions of dollars throughout their lives. This cost shouldn't fall on families that didn't cause the condition. A skilled and understanding Pompano Beach injury lawyer can help parents 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 look into all the factors that led to the birth defect of your child and identify whether any medical experts involved in the child's birth defect lawyers should have been held to account.

A successful case could result in the reimbursement of medical expenses such as hospitalizations and surgeries, extended treatments, and medication. Parents who have to take time off work to take care of their child may also be entitled for lost wages, a portion in future lost earnings or punitive damages if the drug manufacturer displayed a blatant disregard for patient safety. Contact us today to discuss your options.

Damages

Your family will require financial compensation for medical bills, lost income, and other expenses, regardless whether your child is suffering from an injury that is mild or severe. You will need to gather documents, such as credit card receipts, payments made with a credit card and bills, to support your claim. If you have more evidence to provide, the more likely your claim will be greater.

Most birth defects are genetic in nature and are not preventable. However, some are related to environmental factors or medications. For instance, a doctor prescribing medication to a mother that increases the risk of a birth defect can be held accountable for negligence.

Having a baby with injuries to the birth or birth defect can be devastating for parents and families. However, with the assistance 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 every step and ensure that your claim is filed successfully. Contact them now to learn more about how they can help you.