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 defects lawyer as soon as they can. In contrast to other medical malpractice claims, a birth injury lawsuit is subject to a short statute of limitations.

Additionally, a lot of birth defect law firm problems and injuries could have been avoided. Hence, victims need compensation.

Statute of limitations

In the United States, the statutes of limitations vary from state to state. Legal claims must be filed within this time frame or the victim may not be able recover damages. A medical malpractice lawyer can assist in ensuring that a birth injury lawsuit is filed within the state's statute of limitations.

In some instances it can take a long time for an injury to manifest itself physically or developmentally. In these cases it may be difficult to determine when the statute of limitations was set or when a lawsuit ought to have been filed. A knowledgeable and compassionate medical malpractice attorney can assist you in determining whether a birth defect lawsuit can be filed before your 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. For birth defect this, the bills, receipts and credit card information will be essential. Attorneys can also collect information through discovery, a process which involves exchanging information with different parties. This can include taking the depositions of doctors, nurses and hospital personnel.

Congenital Disabilities

Congenital disorders are structural flaws that affect how the body appears and performs. From mild to serious they can affect the body in a variety of ways. Some are more visible than others, such as cleft lips or palates and others are more difficult to recognize.

Congenital disorders can result from genetic or other chromosomal anomalies. They may also be caused due to infection in the womb during pregnancy or trauma, environmental influences as well as medications taken by mothers. They cause long-term disabilities, which takes a toll on families, individuals, health care systems and societies. They contribute to the high burden of infant mortality and neonatal deaths.

The most common causes of severe congenital disability in children are neural tube defects and chromosomal disorders like Down syndrome. Certain congenital diseases are more common in certain ethnic groups, such as maternal age and consanguinity (parents descend from the same kinship). Other conditions are triggered by nature or are related to pharmacological or environmental factors. If a person who has a congenital impairment is considered disabled is based on the severity of the condition and what organ or body component it affects, and the extent to which it affects daily life.

Medical expenses

Families with children suffering from severe birth defects must face massive medical costs. This includes the cost of a lifetime of treatment and therapy, as well as surgery for the condition and its resulting adverse effects. The emotional strain of caring for physically impaired children can also be a burden on families. A knowledgeable lawyer with experience in birth defect cases can help victims obtain the compensation they deserve for their losses.

A number of congenital and genetic disorders are preventable or treatable in utero. However, doctors can miss-diagnose or fail to inform parents of test results and screening results that could lead to the discovery of a birth defect. In these cases parents may file a claim for an unjustified death against the medical provider.

Although it's difficult to prove that a medical error led to a congenital disability an experienced Pompano Beach injury lawyer can evaluate the evidence and determine whether a claim is viable. Contact an attorney immediately to discuss your case. You have two years from the date you discovered or should have known about the injury to make a claim.

Lost Wages

A child born with a birth defect will likely require a lot of medical attention, which can cost millions over their lives. This financial burden shouldn't fall on families who didn't cause the condition. A Pompano Beach injury attorney who is experienced and compassionate can help parents explore legal options.

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

A successful claim may include the reimbursement of medical expenses such as hospitalizations and surgeries, long-term treatments, and prescriptions. It could also include the loss of earnings for parents who need to miss to take care of their children, a percentage of future lost earnings and punitive damages when the drug manufacturer displayed an utter disregard for patient safety. Contact us today to discuss your options.

Damages

If your child is suffering from a mild or severe birth defect law firm defect, your family will require financial compensation to cover medical bills, loss of income, and other expenses. You'll need to gather documents, such as credit card transactions, receipts and bills, to prove your claim. If you have more evidence to provide, your award will be greater.

The majority of birth defects are genetic and cannot be cured. Certain birth defects are caused through environmental factors or medications. For instance, a doctor prescribing a medication to a mother that increases the risk of a birth defect can be held liable for negligence.

A baby born with an injury from birth or a birth defect can be a devastating experience for families and parents. However, with the assistance of a Pompano Beach birth defect lawyer, you can pursue justice for your family and ensure that negligent doctors are accountable. The team at Menzer Law understands the difficulties of a medical malpractice lawsuit and birth defect can help you through every step to ensure that your claim is filed successfully. Schedule a consultation now to learn more about how they can help you.