How to File a Birth Defect Claim

Parents who discover their child has a congenital disability should seek out an experienced Pompano Beach birth defect lawyer as soon as possible. Contrary to other medical malpractice lawsuits, the birth injury lawsuit has limited time limits.

In addition, a number of birth defects or injuries could have been avoided. Therefore, victims deserve compensation.

Statute of limitations

In the United States, the statutes of limitations vary from state to state. The injured party may be denied damages when a legal claim is not filed within a specified time period. A medical malpractice lawyer can assist in ensuring the birth injury lawsuit is filed within your state's statute of limitations.

In some instances it takes time for an injury to manifest itself physically or develop. In these cases it is usually difficult to determine when the statute of limitations started or when it should have been filed. A compassionate and skilled medical malpractice lawyer can help you determine if a birth defect lawsuit can be filed before the state's statute of limitation expires.

The first step to identify the birth defect is to link it to the medical professionals that treated your child. In this process, records of bills as well as receipts and credit card records will be crucial. Attorneys can also collect information through discovery, a process that involves exchanging information with other parties. This can include taking depositions from nurses, doctors and hospital staff.

Congenital Disabilities

Congenital disabilities are structural issues present at birth that can affect how the body looks or works. They can range from mild to severe. Certain are more apparent than others, like cleft lips and palates however, others are more difficult to identify.

Congenital diseases can be caused by genetic or chromosomal abnormalities or infections in the womb, injuries during birth, environmental influences on fetuses within the uterus, and medication taken by the mother. They cause long-term disabilities, which affects individuals, families, health care systems and societies. They contribute to the high burden of mortality among infants and children under 5.

Neural tube defects and chromosomal problems, such as Down syndrome, are among the most common causes of severe congenital disabilities in children. Some congenital disorders are more prevalent in certain ethnic groups, mothers who are of an aforementioned age and parents that descend from the same lineage. Other congenital conditions are caused by pharmacological or environmental influences. The degree of the congenital disability and the organs or body parts it affects, as as how much it interferes in daily activities, will determine whether a person is considered disabled.

Medical Expenses

Families with children suffering from severe birth defects are faced with massive medical costs. These include the cost of a lifetime of treatment with therapy and surgery to treat the condition and its resulting adverse effects. Families can also be impacted by the emotional strain of raising a child with physical disabilities. A knowledgeable lawyer who is familiar with birth defect cases can assist victims receive the compensation that they are entitled to for their loss.

A variety of congenital and genetic diseases are preventable or treatable in utero. Unfortunately, doctors may misdiagnose or fail to inform parents of test and screening results which may lead to the discovery of an anomaly in the birth. In these instances, parents may pursue a wrongful-life claim against the medical provider.

It's difficult to prove a doctor's mistake caused a congenital defect however an experienced Pompano Beach personal injury lawyer will evaluate the evidence to determine if a claim is viable. Contact a lawyer immediately to discuss your case. You have two years to file a claim if you've discovered or should have discovered the injury.

Lost Wages

A child born with birth defects requires extensive medical treatment that could cost millions of dollars in their lifetime. It's inexcusable that this financial burden be borne by families who did not cause the problem. A knowledgeable and sympathetic Pompano Beach injury lawyer can assist parents in exploring their legal options.

Our solicitors have been trained in medical negligence claims and place the best interests of their clients at the heart of their work. They will look into all circumstances surrounding your baby's birth defect to determine whether any medical professionals who were involved in the birth of your child were responsible.

A successful case could result in reimbursement for medical expenses such as hospitalizations, surgeries, extended treatment and medication. Parents who are forced to take time off work to take care of their children may also be entitled to compensation for lost wages, a portion in future earnings loss or punitive damages if the drug manufacturer displayed a blatant disregard for the safety of patients. Contact us today to discuss your options.

Damages

Whether your child suffers from a severe or mild birth defect, your family needs an amount of money to cover medical bills, Birth defect lawsuit loss of income and other expenses. You'll need documents, including credit card transactions, receipts and bills, to prove your claim. The more evidence you are able to provide, the more likely your claim will be higher.

The majority of birth defects result from genetic causes and can't be cured by doctors. However, there are some that are caused by environmental factors or medications. A doctor who prescribes a medication to a mother that increases the chance of her having a birth defect may be held responsible for negligence.

A baby born with an injury or defect in the birth can be devastating for parents and their families. However, with the assistance of a Pompano Beach birth defect lawyer who can help you seek justice for your family and ensure that negligent doctors are accountable. The team at Menzer Law understands the difficulties of a medical malpractice claim and will guide you through each step of the process to ensure your claim is filed successfully. Set up a consultation today to find out more about how they can assist you.