How to File a Birth Defect Claim

Parents who discover that their child suffers from a congenital disability should contact an experienced Pompano Beach birth defect lawyer right away. A birth injury lawsuit is subject to a shorter time limit of limitations than other medical malpractice lawsuits.

Additionally, a lot of birth problems and injuries could have been avoided. 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 the timeframe or the victim may not be able to recover damages. A medical malpractice lawyer can ensure that a claim for birth injury is filed within the time limit set by the statute of limitations in your state.

In some instances injuries can take an extended time to manifest physically or develop. In these instances it is often difficult to determine the date when the statute of limitations began or when a lawsuit should have been filed. A compassionate and skilled medical malpractice attorney can help you determine whether an action for birth defects can be filed before your state's statutes of limitations expire.

The first step is to identify the birth defect and connect it to the medical professionals who treated your child. Bills, receipts as well as credit card records and other records of medical treatments will be crucial in this process. Attorneys can also gather information through discovery, a process which involves exchanging information with different parties. This can include taking the depositions of doctors, nurses, and hospital staff.

Congenital Disabilities

Congenital disabilities are structural issues which can affect how the body appears and performs. They range from mild to severe. Some are more obvious than others, such as cleft lips or palates, while others are more difficult to recognize.

Congenital diseases can be caused due to chromosomal or genetic defects such as infection in the womb, injuries during delivery, environmental influences on fetuses within the uterus, and medication taken by the mother. They cause long-term disability, which takes a toll on families, individuals as well as health care systems and societies. They contribute to the burden of infant mortality and neonatal deaths.

The leading causes of severe congenital disability in children are neural tube defects and chromosomal diseases, such as Down syndrome. Certain congenital diseases are more prevalent in certain ethnic groups, as well as maternal age and consanguinity (parents descend from the same kinship). Other congenital diseases are caused by pharmacological or environmental influences. The extent of the congenital impairment the organs or body parts it affects, as well as how much it hinders in daily activities, will determine whether someone is considered disabled.

Medical Expenses

Families with children who have severe birth defects must face massive medical costs. This includes the cost of ongoing treatment and therapy, as well as surgery for the condition as well as its adverse effects. The emotional stress of raising a child with physical impairment can also be a burden on families. A knowledgeable lawyer with experience in birth defect cases can help victims receive the compensation they are entitled to for their loss.

A number of congenital and genetic disorders are preventable or treatable in the uterus. Unfortunately, doctors often make mistakes in diagnosing or failing to inform parents of tests and screening results that could lead to discovery of birth defects. In these instances, parents may file a wrongful life claim against the medical professional.

It can be difficult to prove that a mistake made by a doctor resulted in a congenital problem, but an experienced Pompano Beach personal injury lawyer can evaluate the evidence to determine if the claim is a possibility. Contact a lawyer as soon as possible to discuss your case. You have two years from the date you found or should have been aware of the injury to make a claim.

Lost Wages

A child born with a birth defect is likely to require extensive medical treatment which can cost a lot over the course of their lives. It is unfair that this financial burden 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 lawyers are well-trained in medical malpractice claims and always put the client's best interests first. They will investigate all the circumstances surrounding your baby's birth defect to determine if any medical professionals involved in the birth of your child were accountable.

A successful claim could include the reimbursement of medical expenses such as hospitalizations and surgeries, long-term treatments, and prescriptions. Parents who have to take time off to take care of their child could also be entitled to compensation for lost wages, a percentage of future lost earnings, or punitive damages if the pharmaceutical company displayed a blatant disregard for the safety of patients. Contact us now to discuss your options without any obligation.

Damages

If your child is suffering from a mild or severe birth defect, birth defect lawyer your family needs monetary compensation to cover medical expenses, loss of income and other costs. You'll need documents, like credit card receipts, payments made with a credit card and bills, to establish your claim. The more information you are able to provide the more evidence you can provide, the greater your reward.

Most birth defects are caused by genetic factors and cannot be prevented by doctors. However, some birth defect lawyer defects are linked to the environment or medications. A doctor who prescribes a medicine to a mother that increases her chances of having an ailment during birth could be held accountable for negligence.

Being a parent of a child who has a birth injury or a birth 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 will be held accountable. Menzer Law can help you to navigate the medical malpractice claims process. They will guide you through each step and ensure that your claim is filed successfully. Call now to learn more about how they can help you.