How to File a Birth Defect Claim

Parents who discover that their child is suffering from a congenital defect must contact a Pompano Beach birth defect lawyer immediately. Birth injury lawsuits are subject to a shorter statute of limitations than other medical malpractice claims.

Additionally, a lot of birth injuries and birth defects could have been avoided. Therefore, victims deserve compensation.

Statute of limitations

In the United States, the statutes of limitations differ from state to state. The injured party may be barred from recovering damages in the event that a legal claim was not filed within the stipulated time frame. A medical malpractice attorney can help ensure the birth injury lawsuit is filed within your state's statute of limitations.

In certain cases, it takes a while for an injury to manifest itself physically or developmentally. In these cases it can be a challenge to determine the date when the statute of limitation began or when a case ought to have been filed. A medical malpractice lawyer who is proficient and compassionate can assist you determine if a lawsuit for birth defects is possible before the statute of limitations runs out in your state.

The first step is identifying the birth defect and connect it to the medical professionals who treated your child. Bills, receipts, credit card records and other documentation of medical treatment will be important in this process. Attorneys can also collect information through discovery, a procedure that involves exchanging information with other parties. This can include taking depositions from nurses, doctors and hospital personnel.

Congenital Disabilities

Congenital disorders are structural flaws that affect how the body appears and performs. Mild to severe, they can affect the body in many ways. Some are more obvious than others, like cleft lips or palates, while others are harder to detect.

Congenital diseases can be caused due to chromosomal or genetic defects such as infection in the womb, injuries during birth, environmental influences on fetuses in the uterus, and medications taken by the mother. They can result in long-term disabilities and have a negative impact on the individual and birth defect their families, the health care system and the society. They contribute to the high mortality rate of newborns and children less than five.

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

Medical Costs

Families with children suffering from severe birth defects are confronted with a huge medical bill. The cost of therapy, surgery and lifelong treatment for the condition and the side effects that accompany it can be a huge burden. The stress of raising an physically impaired child can be very hard on families. An experienced lawyer who has handled birth defect cases can help victims get the compensation they are due.

Many genetic and congenital diseases can be treated or prevented in the uterus. Unfortunately, doctors sometimes misdiagnose or fail to inform parents of test and screening results that could lead to discovery of an anomaly in the birth. In these instances parents may be able to seek compensation for wrongful death against the medical professional.

While it is difficult to prove that a mistake by a doctor birth defect led to a congenital disability An experienced Pompano Beach injury lawyer will evaluate the evidence to determine if a claim can be feasible. Contact a lawyer as soon as possible to discuss your case. You have two years from the date you first discovered or had knowledge of the injury to make a claim.

Lost Wages

A child born with a birth defect is likely to require extensive medical treatment, which could cost millions in their lives. It's unfair that this financial burden be imposed on families that have no responsibility for the condition. A Pompano Beach injury attorney who is experienced and compassionate can assist parents to explore legal options.

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

A successful case could result in reimbursement for medical expenses such as surgery, hospitalization, treatment and medications. It could also include lost wages for parents that have to leave to care for their children, a portion of future lost earnings and punitive damages when the drug manufacturer displayed an utter disregard for patient safety. Contact us now to discuss your options, without obligation.

Damages

Your family may require financial compensation for medical bills, lost income, and other expenses, regardless whether your child has an injury that is mild or severe. To help prove your claim, you need to collect documents such as bills, receipts and credit card charges. The more documents you can provide, the higher your award.

Most birth defects are caused by genetic factors and cannot be controlled by physicians. Some birth defects are caused by environmental factors or medication. For example, a doctor prescribing 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 from birth or a birth defect can be a devastating experience for parents and families. 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 are held accountable. The team at Menzer Law understands the difficulties of a medical malpractice claim and can help you through each step to ensure your claim is successfully filed. Schedule a consultation today to learn more about how they can help you.