How to File a Birth Defect Claim

Parents who find out that their child is suffering from a congenital defect must contact a Pompano Beach birth defect lawyer immediately. A birth injury lawsuit is subject to a shorter statute of limitations than other medical malpractice claims.

Additionally, a lot of birth injuries and birth defect lawyers defects could have been prevented. Thus, victims should be compensated.

Statute of limitations

In the United States, the statutes of limitations vary from state to state. A legal claim must be filed within this time frame otherwise the injured party might not be able to claim damages. A medical malpractice attorney can assist in ensuring the birth injury lawsuit is filed within your state's statute of limitations.

In certain cases, an injury may take an extended time to manifest physically or develop. In these instances it is often difficult to determine when the statute of limitation began or when a case ought to have been filed. A skilled and sympathetic medical malpractice attorney can help you determine whether an action for birth defects can be filed before the state's statute of limitations expires.

The first step to identify the birth defect is to link it with the medical professionals who treated your child. Receptions, bills as well as credit card records and other evidence of medical treatment are crucial in this process. Attorneys can also collect evidence through discovery which is the process of exchanging information between two parties. This could involve taking depositions of doctors, nurses, and hospital staff.

Congenital Disabilities

Congenital disorders are structural flaws present at birth and can affect how the body looks or performs. Mild to severe they can affect the body in a variety of ways. Certain are more apparent than others, like lip and palate clefts and others, while some are harder to recognize.

Congenital disorders can be caused by genetic or other chromosomal anomalies. They may also be caused by infections in the womb during delivery trauma, environmental influences and medications taken by mothers. They can cause long-term disability which affects families, individuals as well as health systems and societies. They contribute to the high mortality of infants and children younger than five.

Neural tube defects and chromosomal diseases like Down syndrome, are the most common causes of severe congenital disorders in children. Certain congenital diseases are more prevalent among certain ethnic groups as well as mothers of an aforementioned age, and parents who descend from the same lineage. Some are unintentionally occurring or related to pharmacological or environmental factors. The severity of the congenital disability and the organs or body parts it affects, as well as how much it interferes in daily activities, will determine whether the person is disabled.

Medical Expenses

Families with children suffering from severe birth defects face enormous medical costs. These include the cost of ongoing treatment and therapy, as well as surgery for the condition and its adverse effects. Families can also be impacted by the emotional stress of caring for a child with a physical disability. A skilled lawyer who has experience in birth defect cases can help victims receive the compensation that they are entitled to for their loss.

Many congenital and genetic illnesses can be treated or prevented in utero. However, doctors can miss-diagnose or fail to inform parents of tests and screening results that could lead to discovery of birth defects. In these instances, parents could file a wrongful life claim against the medical provider.

Although it can be difficult to prove that a mistake by a doctor led to a congenital disability, an experienced Pompano Beach injury attorney can review the evidence and determine whether a claim is viable. Get in touch with a lawyer today to discuss your case. You have two years from the date you discovered or should have had knowledge of the injury to make a claim.

Lost Wages

A child born with birth defects will require extensive medical care which could cost millions of dollars over their lifetime. It is unfair that this financial burden should be borne by families who did not cause the problem. A qualified and empathetic Pompano Beach injury lawyer can assist parents in exploring their legal options.

Our solicitors are expertly trained in medical negligence cases and place the best interests of clients at the forefront of everything they do. They will investigate all of the circumstances that led to your child's birth defect and identify whether any medical professionals involved in the birth of your child ought to have been held accountable.

A successful claim could include the reimbursement of medical expenses such as hospitalizations, surgeries, prolonged treatment and medications. Parents who have to miss work to care for their child may also be entitled to compensation for lost wages, a portion in future earnings loss or punitive damages if the pharmaceutical company showed a flagrant disregard for 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 of whether your child has an issue that is severe or mild. To help prove your claim, you need to gather documents, such as receipts, bills and credit card payment. The more you can provide the more evidence you can provide, the greater your reward.

Most birth defects are caused by genetic factors and cannot be controlled by physicians. However, some birth defects are caused by external factors or medications. For instance, a physician prescribing a medication to a mother that increases the chance of having a birth defect could be held accountable for negligence.

A child born with an injury or defect at birth can be a tragedy 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 will be held accountable. The team at Menzer Law understands the difficulties of a medical malpractice claim and can help you through every step to ensure that your claim is successfully filed. To learn more, book an appointment to discuss how they can assist you.