How to File a Birth Defect Claim

Parents who discover their child has a disability that is congenital should contact an experienced Pompano Beach birth defect lawyer immediately. Birth injury lawsuits are subject to a shorter period of limitations than other medical malpractice claims.

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

Statute of Limitations

In the United States the statutes vary from one state to another. The party who was injured could be barred from pursuing damages should a legal action not filed within the specified time period. A medical malpractice lawyer can make sure that a suit for birth injuries is filed within the statute of limitations in your state.

In some instances injuries can take some time to manifest physically or develop. In these instances, it is often difficult to determine when the statute of limitations began or when it was the right time to file. A medical malpractice lawyer who is experienced and compassionate can assist you determine if a claim for birth defects is possible before the statute of limitations expires in your state.

The first step to identify the birth defect is to connect it to the medical professionals that treated your child. Receipts, bills, credit card records and other evidence of medical treatment are important in this process. Attorneys can also gather information through discovery, a procedure that involves exchanging information with other parties. This may include taking depositions of nurses, doctors, and hospital staff.

Congenital Disabilities

Congenital disabilities are structural problems that can affect the way the body appears and functions. They range from mild to severe. Some are more obvious than others, such as the cleft palate or lips some are more difficult to recognize.

Congenital disorders can be triggered due to chromosomal or genetic defects or infections in the womb, injuries during delivery, environmental effects on fetuses within the uterus, as well as the medication taken by the mother. They can lead to long-term disability, which can be detrimental to individuals, families as well as health systems and societies. They contribute to the burden of infant and child mortality.

Neural tube defects and Vimeo chromosomal disorders like Down syndrome, are among the most common causes of severe congenital disorders in children. Certain congenital conditions are more prevalent in certain ethnic groups, maternal age and consanguinity (parents descend from the same kinship). Others occur spontaneously or are related to pharmacological or environmental factors. The degree to which a person suffering from a congenital disability is considered disabled is determined by the severity of the condition, which organ or body area it affects and the extent to which it affects daily activities.

Medical Costs

Families who have children with severe birth defects are confronted with massive medical costs. The cost of therapy, surgery and ongoing treatment for the condition as well as its repercussions can be a huge burden. Families can also be affected by the emotional strain of raising a child suffering from physical disabilities. An experienced lawyer who has handled birth defect cases can help victims receive the compensation they deserve.

A variety of congenital and genetic diseases are preventable or treatable in utero. Doctors may misdiagnose problems or fail to inform parents of screening or tests that may have led to the discovery of birth defects. In these instances, parents may pursue a wrongful-life claim against the medical provider.

Although it's difficult to prove that the error of a doctor led to a congenital disability, an experienced Pompano Beach injury attorney will review the evidence and determine whether a claim is viable. Contact an attorney right away to discuss your case. You have two years from the time you first discovered or known about the injury to claim compensation.

Lost Wages

A child born with augusta birth defect law firm defects will require a lot of medical attention which could cost millions of dollars over their lives. This financial burden shouldn't fall on families that did not cause the problem. A qualified and empathetic Pompano Beach injury lawyer can help parents explore their legal options.

Our lawyers are highly trained in medical malpractice claims and always place the client's best interests first. They will look into all circumstances that led to your baby's birth defect to determine the medical professionals who assisted in the birth of your child were responsible.

A successful lawsuit could include compensation for medical costs such as hospitalizations and surgeries, extended treatments, and medications. Parents who are forced to take time off work to take care of their child could also be entitled to lost wages, a portion in future lost earnings, or punitive damages if the manufacturer of the medication displayed a blatant disregard for the safety of patients. Contact us today to discuss your options.

Damages

Your family will need monetary compensation for medical bills, lost income, and other expenses, regardless of whether your child suffers from a serious or mild defect. To help prove your claim, it is necessary to gather documents like bills, receipts and credit card charges. The more evidence you are able to provide, your award will be higher.

The majority of birth defects are caused by genetic factors and cannot be prevented by doctors. However, some birth defects are due to environmental factors or medications. For Vimeo instance, a doctor prescribing a drug to the mother that increases the chance of having a birth defect could be held accountable for negligence.

Having a baby with injuries to the birth or birth defect can be devastating for families and parents. But with the assistance of a Pompano Beach birth defect lawyer to 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 claim and can help you through each step of the process to ensure your claim is successfully filed. Set up a consultation today to find out more about how they can help you.