How to File a Birth Defect Claim

Parents who find out that their child has a congenital disability should contact an experienced Pompano Beach birth defect lawyer immediately. Unlike some other medical malpractice lawsuits, birth injury lawsuits have a short statute of limitations.

Additionally, a lot of birth injuries and birth defects could have been prevented. Victims of abuse need compensation.

Statute of Limitations

In the United States the statutes vary from one state to another. The person who suffered the injury could be unable to recover damages in the event that a legal claim was not filed within the specified time period. A medical malpractice lawyer can help ensure the birth injury lawsuit is filed within the state's statute of limitations.

In certain cases, it takes a while for an injury to manifest itself physically or in a developmental way. In these instances, it is often difficult to determine when the statute of limitations first began or when it was the right time to file. A compassionate and skilled medical malpractice attorney can help you determine if an action for birth defects can be filed before the state's statute of limitations expires.

The first step is to identify the birth defect and connect it to the medical professionals who treated your child. In this process, medical bills or receipts as well as credit card records are crucial. Attorneys can also gather evidence through discovery which is the process of exchanging information between two parties. This can include taking the depositions of nurses, doctors and hospital staff.

Congenital Disabilities

Congenital disabilities are structural problems that affect the way the body looks and functions. They can range from mild to severe. Certain are more apparent than others, such as the cleft palate and lips however, others are more difficult to recognize.

Congenital disorders can be caused by genetic or other chromosomal abnormalities. They can also be caused due to infection in the womb during delivery or trauma, environmental influences, and medication taken by mothers. They cause long-term disability, which is a burden on individuals, families as well as health systems and societies. They contribute to the high mortality 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. Some congenital disorders are more prevalent among certain ethnic groups, mothers of the same age and parents who descend from the same lineage. Other congenital ailments are caused by environmental or pharmacological influences. The degree to which a person suffering from a congenital handicap is disabled is determined by how severe the condition is as well as the organ or body part it affects, as well as the extent to which it affects daily life.

Medical Costs

Families with children who have severe birth defects face enormous medical expenses. The cost of surgeries, therapy and lifelong treatment for the condition, as well as the side effects that accompany it are often enormous. The stress of caring for physically impaired children can be very hard on families. A skilled lawyer who is experienced in birth defect cases can help victims get the compensation they deserve for their losses.

Many congenital and genetic disorders can be treated or prevented in the uterus. Unfortunately, doctors sometimes miss-diagnose or fail to inform parents about test and screening results that could lead to discovery of birth defects. In these instances, parents may pursue a wrongful-life claim against the medical professional.

It's difficult to prove that a mistake made by a doctor caused a congenital defect however an experienced Pompano Beach personal injury lawyer will evaluate the evidence to determine if a claim is viable. 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 submit a claim.

Lost Wages

A child born with birth defects will require a lot of medical attention that could cost millions of dollars throughout their lives. It is unfair that this financial burden should be placed on families who have no responsibility for the condition. A knowledgeable and sympathetic Pompano Beach injury lawyer can assist parents to explore their legal options.

Our lawyers are highly trained in medical malpractice cases and always ensure that the best interests of the client are first. They will investigate all the circumstances concerning the birth defect of your baby to determine if any medical professionals involved with your child's delivery were responsible.

A successful lawsuit could include the reimbursement of medical expenses such as hospitalizations and surgeries, prolonged treatments, and prescriptions. Parents who are forced to miss work to take care of their child may also be entitled for lost wages, a percentage of future lost earnings, or punitive damages if a drug manufacturer did not take the proper precautions to ensure the safety of patients. Contact us today to discuss your options.

Damages

Your family will require monetary compensation for medical expenses, lost income and other expenses regardless whether your child is suffering from a serious or mild defect. You'll need to gather documents, including payment receipts from credit cards, 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 caused by genetic factors and can't be cured by doctors. However, some birth defects are related to environmental factors or medication. For example, a doctor prescribing a drug to the mother that increases the risk of a birth defect can be held liable for negligence.

A baby born with an injury or birth defect lawsuits defect could be a devastating experience for parents and their families. With the help of a Pompano Beach lawyer for birth defects and birth defects, you can pursue 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 lawsuit and will guide you through each step to ensure your claim is successfully filed. Set up a consultation today to learn more about how they can help you.