How to File a Birth Defect Claim

Parents who discover that your child has a congenital defect should consult a Pompano Beach birth defect lawyer as soon as they can. Unlike some other medical malpractice claims birth injury lawsuits have an extremely short time limit.

Furthermore, a lot of birth defects or injuries could have been prevented. Therefore, victims require compensation.

Statute of limitations

In the United States, the statutes of limitations differ from state to state. The party who was injured could be denied damages in the event that a legal claim was not filed within the stipulated time period. A medical malpractice attorney can assist in ensuring that a birth defect law firm injury lawsuit is filed within the state's statute of limitations.

In some instances it takes time for an injury to manifest physically or in a developmental way. In these instances it is usually difficult to determine when the statute of limitations began or when it was the right time to file. A skilled and sympathetic medical malpractice lawyer can help you determine whether the birth defect lawsuit could be filed before the state's statutes of limitations expire.

The first step to identify the birth defect is to link it with the medical professionals that treated your child. Receipts, bills, lawsuits credit card records as well as other documentation of medical treatment will be important in this process. Attorneys can also collect evidence through discovery which is the process of exchanging information between parties. This includes taking depositions from nurses, doctors and hospital personnel.

Congenital Disabilities

Congenital disorders are structural flaws that can affect the way the body looks and functions. From mild to serious, they can impact the body in various ways. Some are more visible than others, such as the cleft palate or lawsuits lips some are more difficult to recognize.

Congenital disorders can be triggered by chromosomal and genetic anomalies such as infection in the womb, injuries during delivery, environmental influences on fetuses in the uterus, as well as the medication taken by the mother. They can lead to long-term disability, which affects individuals, families, health care systems and societies. They contribute to the high burden of mortality among infants and children under 5.

The leading causes of severe congenital disability in children are neural tube defects and chromosomal disorders like Down syndrome. Certain congenital disorders are more common in certain ethnic groups, as well as maternal age and consanguinity (parents descend from the same kinship). Other congenital disorders are caused by environmental or pharmacological influences. The degree to which a person suffering from a congenital disability is disabled is contingent on the severity of the condition, which organ or body part it affects, and how much it impacts everyday activities.

Medical Expenses

Families with children suffering from severe birth defects are faced with massive medical costs. These include the cost of lifelong 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 skilled lawyer who is familiar with birth defect cases can assist victims obtain the compensation they are entitled to for their loss.

Many genetic and congenital diseases 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 a birth defect. In these cases, the parents could bring a wrongful death claim against the medical professional.

It's difficult to prove that a medical error resulted in a congenital problem but a skilled Pompano Beach personal injury lawyer can review the evidence to determine whether your claim is valid. Contact an attorney immediately to discuss your case. You have two years to file a claim after you have discovered or should have discovered the injury.

Lost Wages

A child born with birth defects will require extensive medical care which could cost thousands of dollars throughout their lives. This financial burden shouldn't fall on families who didn't cause the condition. A Pompano Beach injury attorney who is qualified and sympathetic can help parents explore legal options.

Our lawyers are highly trained in medical malpractice cases and always ensure that the best interests of the client are first. They will examine all circumstances concerning the birth defect of your baby to determine whether any medical professionals who were involved in the delivery of your child are accountable.

A successful claim can 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 for lost wages, a portion of future lost earnings, or punitive damages if the drug manufacturer has shown a clear disregard for the safety of patients. Contact us today to discuss your options.

Damages

Your family will require monetary compensation for medical bills, lost income, and other expenses, regardless of whether your child suffers from an issue that is severe or mild. To support your claim, you have to gather documents like receipts, bills and credit card payment. The more documents you can provide the more evidence, the greater your payout.

Most birth defects are genetic in nature and are not preventable. However, there are some that are linked to external factors or medications. For instance, a doctor prescribing a medication to a mother that increases the chance of having a birth defect can be held liable for negligence.

A baby born with an injury or defect in the birth can be devastating to parents and their families. However, with the help of a Pompano Beach birth defect lawyer and pursue justice for your family and ensure that negligent doctors are accountable. The team at Menzer Law understands the difficulties of a medical negligence claim and can help you through each step to ensure your claim is filed successfully. To learn more, book a consultation to find out how they can help.