How to File a Birth Defect Claim

Parents who find out that their child is suffering from a congenital defect should contact a Pompano Beach birth defect lawyer right away. Unlike some other medical malpractice claims, the birth injury lawsuit has an extremely short time limit.

Moreover, many birth defects or injuries could have been avoided. Victims deserve compensation.

Statute of limitations

In the United States the statutes vary between states. A legal claim must be filed within the timeframe 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 the state's statute of limitations.

In some instances, an injury may take an extended time to manifest physically or develop. In these instances it is often difficult to determine the date when the statute of limitation began or when a lawsuit ought to have been filed. A compassionate and skilled medical malpractice lawyer can assist you in determining whether 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, bills, receipts and credit card records are crucial. Attorneys can also gather evidence through discovery which is the process of exchanging information between parties. This could include taking depositions of nurses, doctors and hospital personnel.

Congenital Disabilities

Congenital disabilities are structural defects that can affect the way the body appears and functions. From mild to severe they can alter the body's appearance in many ways. Some are more obvious than others, like lip and palate clefts while others are more difficult to detect.

Congenital diseases can be caused due to chromosomal or genetic defects and infections in the womb, injuries during delivery, environmental influences on fetuses and uterus, and medications taken by the mother. They cause long-term disabilities, which affects individuals, families and health care systems as well as societies. They contribute to the high mortality rate of neonates and children under five.

Neural tube defects and chromosomal diseases like Down syndrome, are the most frequent causes of severe congenital disabilities in children. Certain congenital conditions are more common in certain ethnic groups, such as maternal age and consanguinity (parents descend from the same kinship). Others are caused by a natural process or are related to pharmacological or environmental factors. The severity of the congenital disability as well as the organs and body parts it affects, birth defects as well as the degree to which it affects in daily life will determine if someone is considered disabled.

Medical expense

Families with children who have severe birth defects face enormous medical costs. The cost of surgeries, therapy and ongoing treatment for the condition, as well as the side effects that accompany it are often enormous. The emotional strain of caring for a physically impaired child can also take its toll on families. A skilled lawyer who has experience in birth defect cases can help victims receive the compensation they deserve for their losses.

Many congenital and genetic illnesses can be treated or prevented in utero. Unfortunately, doctors may miss-diagnose or fail to inform parents about test and screening results which may lead to the discovery of birth defects. In these cases, parents can seek compensation for wrongfully dying against the medical provider.

It's difficult to prove a doctor's mistake caused a congenital defect but a skilled Pompano Beach personal injury lawyer can review the evidence to determine whether the claim is a possibility. Contact a lawyer immediately to discuss your case. You have two years to file a claim once you discover or should have discovered the injury.

Lost Wages

A child born with birth defects will require extensive medical care, which could cost millions of dollars over their lifetime. It's 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 in exploring their legal options.

Our solicitors have been trained in medical negligence claims and put the best interests of clients at the forefront of everything they do. They will look into all the causes of the birth defect of your child, and identify whether any medical professionals involved in the birth of your child should have been held accountable.

A successful claim may include the reimbursement of medical expenses such as hospitalizations, surgeries, long-term treatments, and prescriptions. It may also include lost wages for parents that have to leave to care for their children, a percentage of future lost earnings, and punitive damages where the manufacturer of the medication displayed an utter disregard for patient safety. Contact us today to discuss your options.

Damages

No matter if your child is suffering from an unintentional or severe birth defect, your family will require financial compensation to cover medical bills, loss of income and other expenses. To prove your claim, you will need to gather documents like receipts, bills and credit card transactions. The more information you are able to provide more information, the better your claim will be.

Most birth defects are genetic and Birth Defects cannot be avoided. Certain birth defects are caused by environmental factors or drugs. For instance, a doctor prescribing a medication to a mother that increases the chance of having a birth defect could be held accountable for negligence.

Being a parent of a child who has an injury from birth or a birth defect law firms defect can be a devastating experience for families and parents. 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 properly filed. To learn more, book an appointment to discuss how they can help you.