How to File a Birth Defect Claim

Parents who discover their child is suffering from an abnormality that is congenital should contact a Pompano Beach birth defects lawyer as soon as they can. Contrary to other medical malpractice claims, a birth injury lawsuit is subject to the benefit of a shorter statute of limitations.

In addition, many birth injuries and defects could have been prevented. Victims deserve compensation.

Statute of Limitations

In the United States the statutes vary from one state to another. The injured party may be barred from recovering damages when a legal claim is not filed within the specified time period. A medical malpractice lawyer can ensure that a lawsuit arising from a birth injury is filed within the time limit set by the statute of limitations in your state.

In some instances, it takes a while for an injury to manifest itself physically or in a developmental way. In these cases, 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 knowledgeable and compassionate can help you determine if a lawsuit involving birth defects is possible before the statute of limitations runs out in your state.

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

Congenital Disabilities

Congenital disabilities are structural defects that affect the way the body appears and functions. From mild to severe, they can affect the body in a variety of ways. Some are more obvious than others, such as lip or palate clefts, while others are more difficult to identify.

Congenital disorders can be caused due to chromosomal or genetic defects such as infection in the womb, trauma during delivery, environmental influences on fetuses inside the uterus, as well as the medication taken by the mother. They cause long-term disability, which can be detrimental to families, individuals and health care systems as well as societies. They contribute to the high mortality rate of infants and children aged less than 5.

The most frequent causes of congenital disabilities in children are neural tube defects and chromosomal conditions, such as Down syndrome. Some congenital conditions are more common in certain ethnic groups, due to maternal age and consanguinity (parents descend from the same kinship). Some are unintentionally occurring or connected to pharmacological or environment factors. The extent of the congenital impairment, which organs or body parts it affects, as as how much it interferes with daily activities, will determine whether the person is disabled.

Medical expenses

Families with children who suffer from severe birth defects face enormous medical costs. These include the cost of a lifetime of treatment with therapy and surgery to treat the condition and its resulting side effects. The emotional stress of raising physically impaired children can also take its toll on families. A skilled lawyer who has experience in birth defect cases can assist victims obtain the compensation they are entitled to for their losses.

A variety of congenital and genetic diseases are treatable or preventable the uterus. Unfortunately, doctors sometimes miss-diagnose or fail to inform parents of test and screening results which may lead to the discovery of an anomaly in the birth. In these instances parents may be able to seek compensation for unjustified death against the medical provider.

While it is difficult to prove that a doctor's error caused a congenital handicap, an experienced Pompano Beach injury attorney can evaluate the evidence and determine if a claim can be feasible. Contact an attorney immediately to discuss your case. You have two years from the date you were notified or known about the injury to submit a claim.

Lost Wages

A child born with birth defects requires extensive medical treatment which could cost thousands of dollars in their lifetime. This financial burden shouldn't be imposed on families that did not cause the problem. A qualified and empathetic Pompano Beach injury lawyer can help parents explore their legal options.

Our lawyers are well-trained in medical malpractice cases and always place the client's best interests first. They will look into all the circumstances surrounding the birth defect of your child, and identify whether any medical experts involved in the birth defect law firms of your child ought to have been held accountable.

A successful claim could include reimbursement for medical expenses such as hospitalizations, surgeries, prolonged treatments, and medications. It could also include lost earnings for parents who need to work to care for their children, a percentage of the future loss of earnings and punitive damages in cases where the drug manufacturer showed an unintentional disregard for patient safety. Contact us today to discuss your options.

Damages

Your family may require financial compensation for medical bills, lost income, and other expenses, regardless whether your child is suffering from a serious or mild defect. You'll need to gather documents, such as credit card transactions, receipts and bills, to prove your claim. The more evidence you can offer more information, the better your claim will be.

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

The birth of a child with a birth injury or a birth defect can be devastating for parents and families. However, with the help 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 can guide you through every step to ensure that you file your claim in a timely manner. Contact them now to learn more about how they can assist you.