How to File a Birth Defect Claim

Parents who discover their child has a congenital defect must contact a Pompano Beach birth defects lawyer as soon as they can. In contrast to other medical malpractice cases, the birth injury lawsuit has a short statute of limitations.

Furthermore, a lot of birth defects or injuries could have been prevented. Hence, victims need compensation.

Statute of limitations

In the United States, the statutes of limitations differ from state to state. The victim may be denied damages when a legal claim is not filed within a specified time period. A medical malpractice lawyer can make sure that a lawsuit arising from a birth injury is filed within the time limit set by the statute of limitations in your state.

In certain cases it takes time for an injury to manifest physically or develop. In these instances, it can be difficult to determine when the statute of limitations began or when a case ought to have been filed. A knowledgeable and compassionate medical malpractice attorney can help you determine whether the birth defect lawsuit could be filed before your state's statutes of limitations expire.

The first step is to identify the birth defect and link it to the medical professionals who treated your child. Receipts, bills credit card information and other evidence of medical treatment are important in this process. Attorneys can also collect evidence through discovery, which is a process of sharing information between parties. This includes taking depositions from doctors, nurses and hospital staff.

Congenital Disabilities

Congenital disabilities are structural defects that occur at birth and influence how the body appears or works. From mild to severe they can impact the body in various ways. Some are more obvious than others, like the cleft palate and lips however, others are more difficult to identify.

Congenital conditions can be caused by genetic or other chromosomal disorders. They may also be caused by infections in the womb during birth trauma, environmental influences and the use of medications by mothers. They can result in long-term disabilities and have a negative impact on individuals and their families, as well as the health care system and the wider society. They contribute to the high mortality rate of infants and children aged less than 5.

The main causes of severe congenital disabilities in children are neural tube defects and chromosomal disorders like Down syndrome. Certain congenital disorders are more prevalent in certain ethnic groups, due to maternal age and consanguinity (parents descend from the same kinship). Other congenital ailments are caused by pharmacological or environmental influences. The severity of the congenital disability and the organs or body parts it affects, as as the degree to which it affects in daily activities, will determine whether the person is disabled.

Medical expenses

Families with children suffering from severe birth defects are confronted with huge medical expenses. These include the cost of a lifetime of treatment with therapy and surgery to treat the condition and its resulting side effects. The stress of raising an physically impaired child can take its toll on families. An experienced lawyer who has handled birth defect cases will assist victims get the money they are entitled to.

Many congenital and genetic disorders can be treated or prevented in utero. However, doctors can make mistakes in diagnosing or failing to inform parents about test and screening results which may lead to the discovery of birth defects. In these cases, the parents could pursue a wrongful-life claim against the medical provider.

While it is difficult to prove that a medical error caused a congenital handicap, a seasoned Pompano Beach injury lawyer can evaluate the evidence and determine whether a claim is feasible. Contact a lawyer as soon as possible to discuss your case. You have two years from the date you were notified or had knowledge of the injury to claim compensation.

Lost Wages

A child born with a birth defect will likely require extensive medical treatment which can cost a lot over the course of their lifetime. It's unfair that this financial burden should be borne by families who have no responsibility for the condition. A skilled and understanding Pompano Beach injury lawyer can help parents consider their legal options.

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

A successful claim may include compensation for medical expenses such as surgery, hospitalization, treatment and medication. Parents who have by their job to care for their child may also be entitled to lost wages, a portion in future earnings loss or punitive damages if a drug manufacturer did not take the proper precautions to ensure patient safety. Contact us now to discuss your options without obligation.

Damages

Whether your child suffers from an acute or mild birth defect, your family will require an amount of money to cover medical bills, loss of income as well as other costs. You will need to gather documents, such as credit card receipts, payments made with a credit card and bills, to prove your claim. The more information you are able to provide more information, the better your claim will be.

The majority of birth defects result from genetic causes and cannot be prevented by doctors. Certain birth defect law firm defects are caused through environmental factors or medications. A doctor who prescribes a medication to a mother who increases her chance of developing a birth defect may be held responsible for negligence.

Being a parent of a child who has an injury to their birth defect lawyers or a Birth Defect Lawyers defect can be devastating for parents and families. With the help of a Pompano Beach lawyer for birth defects you can seek justice for your family. You can also ensure that negligent doctors are held accountable. The team at Menzer Law understands the difficulties of a medical malpractice claim and will guide you through each step to ensure your claim is filed successfully. Contact them now to learn more about how they can assist you.