How to File a Birth Defect Claim

Parents who discover that their child has a disability that is congenital should seek out an experienced Pompano Beach birth defect lawyer as soon as possible. Birth injury lawsuits are limited to a shorter duration of limitations than other medical malpractice claims.

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. A legal claim must be filed within the timeframe otherwise the person who was injured may not be able claim damages. An attorney for medical malpractice can assist in ensuring the birth injury lawsuit is filed within the state's statute of limitations.

In some cases an injury could take an extended time to manifest physically or develop. In these instances it can be a challenge to determine when the statute of limitations began or when a lawsuit ought to have been filed. A skilled and empathetic medical malpractice attorney can help you determine whether an action for birth defects can be filed before the state's statutes of limitations expire.

The first step in identifying the birth defect is to link it to the medical professionals that treated your child. For 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 are present at birth and affect how the body looks or functions. They range from mild to severe. Some are more obvious than others, like the cleft palate or lips while others are harder to detect.

Congenital problems can be caused by genetic or birth defects other chromosomal disorders. They can also be caused by infections in the womb during delivery or trauma, environmental influences as well as medications taken by mothers. They can lead to long-term disabilities, which have a negative effect on individuals as well as their families, the health care system and society. They contribute to the burden of infant and child mortality.

The most common causes of severe congenital disability in children are neural tube defects and chromosomal disorders, such as Down syndrome. Some congenital conditions are more prevalent in certain ethnic groups, as well as maternal age and consanguinity (parents descend from the same kinship). Other conditions are triggered by nature or birth defects are connected to pharmacological or environment factors. Whether a person with a congenital handicap is disabled depends on the severity of the condition as well as the organ or body component it affects, and how much it affects daily activities.

Medical expenses

Families with children who suffer from severe birth defects are faced with huge medical expenses. These include the cost of a lifetime of treatment, therapy and surgery for the condition and its resulting negative side effects. The stress of raising an physically impaired child can also take its toll on families. An experienced lawyer who has handled birth defect cases can help victims get the money they deserve.

A number of congenital and genetic disorders are treatable or preventable utero. Doctors can misdiagnose certain conditions or fail to inform their parents of screening or test results that could have led to the discovery of birth defects. In these instances, parents may file a wrongful life claim against the medical provider.

Although it's difficult to prove that the error of a doctor caused a congenital handicap an experienced Pompano Beach injury attorney will evaluate the evidence to determine if a claim can be feasible. Contact an attorney as soon as possible to discuss your case. You have two years to file a claim if you discover or should have discovered the injury.

Lost Wages

A child born with birth defects will require extensive medical care that could cost millions of dollars throughout their lives. It's unjust that this financial burden should be imposed on families that did not cause the problem. A Pompano Beach injury lawyer who is knowledgeable and understanding can assist parents to explore legal options.

Our lawyers are well-trained in medical malpractice claims and always put the client's best interests first. They will examine all of the circumstances surrounding the birth defect in your child and identify whether any medical experts involved in the child's birth should have been held accountable.

A successful claim can include compensation for medical expenses such as surgery, hospitalization, treatment and medications. Parents who have to miss work to take care of their children may also be entitled for lost wages, a portion in future earnings loss or punitive damages if the pharmaceutical company did not take the proper precautions to ensure patient safety. Contact us today to discuss your options.

Damages

Whether your child suffers from an unintentional or severe birth defect, your family requires monetary compensation to cover medical bills, loss of income and other costs. To support your claim, you have to gather documents, such as receipts, bills and credit card transactions. The more evidence you are able to provide, the greater your payout will be greater.

The majority of birth defects are genetic and are not preventable. Certain birth defects are caused by environmental factors or drugs. A doctor who prescribes a drug to a mother that increases her risk of having an abnormal birth could be held accountable for negligent.

A child born with an injury or defect in the birth can be a tragedy for parents and their families. However, with the assistance of a Pompano Beach birth defect lawyer, you can pursue justice for your family and ensure that negligent doctors are held accountable. The team at Menzer Law understands the difficulties of a medical malpractice lawsuit, and they can guide you through each step to make sure your claim is successfully filed. Contact them now to learn more about how they can help you.