How to File a Birth Defect Claim

Parents who discover that their child suffers from a congenital defect should consult a Pompano Beach birth defect lawyer as soon as they can. In contrast to other medical malpractice claims, a birth defect attorneys injury lawsuit is subject to a short statute of limitations.

Moreover, many birth defects or injuries could have been avoided. Victims of abuse need compensation.

Statute of Limitations

In the United States the statutes vary between states. A legal claim must be filed within the timeframe or the injured party may not be able to recover damages. A medical malpractice attorney can assist in ensuring the birth injury lawsuit is filed within your state's statute of limitations.

In some instances, an injury may take longer to manifest physically or develop. In these cases it is usually difficult to determine when the statute of limitations started or when it was the right time to file. A medical malpractice lawyer who is knowledgeable and compassionate can help determine if a claim for birth defects can be filed before the statute of limitations expires in your state.

The first step is to pinpoint the birth defect and link it to the medical experts who treated your child. Bills, receipts, credit card records and other documentation of medical treatment are important in this process. Attorneys can also gather information through discovery, a procedure which involves exchanging information with other parties. This could involve taking depositions of nurses, doctors and hospital staff.

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 visible than others, like lip or palate clefts and others are more difficult to recognize.

Congenital diseases can be caused by chromosomal and genetic anomalies such as infection in the womb, injuries during delivery, environmental influences on fetuses and uterus, or medications that the mother takes. They cause long-term disabilities, which can be detrimental to individuals, families as well as health care systems and societies. They contribute to the high burden of mortality among infants and children under 5.

Neural tube defects and chromosomal disorders, such as Down syndrome, are among the leading causes of severe congenital disorders in children. Some congenital disorders are more prevalent among certain ethnic groups, mothers who are of a certain age and parents who descend from the same lineage. Other congenital disorders are caused by pharmacological or environmental influences. The severity of the congenital disability the organs or body parts it affects, as as the degree to which it affects in daily activities will determine if an individual is considered disabled.

Medical expense

Families with children suffering from severe birth defects must face massive medical costs. These include the cost of permanent treatment with therapy and surgery to treat the condition and its side effects. Families can also be impacted by the emotional strain of caring for a child with physical impairment. An experienced lawyer who has handled birth defect cases will help victims get the compensation they are entitled to.

Many genetic and congenital diseases can be treated or prevented in utero. Doctors can misdiagnose certain conditions or fail to inform parents of screening and test results that could have resulted in the identification of birth defects. In these cases, parents can make a claim for an unjustified death against the medical provider.

It's difficult to prove a doctor's mistake caused a congenital disorder however, a seasoned Pompano Beach personal injury lawyer will evaluate the evidence to determine if your claim is valid. Contact an attorney immediately to discuss your case. You have two years to file a claim if you've discovered 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 in their lifetime. This cost shouldn't fall on families that did not cause the condition. A Pompano Beach injury lawyer who is qualified and sympathetic can help parents explore legal options.

Our lawyers are highly trained in medical malpractice claims and always consider the best interests of the client first. They will investigate all the circumstances concerning the birth defect of your baby to determine if any medical professionals involved in the delivery of your child are responsible.

A successful claim could include compensation for medical expenses such as hospitalizations, surgeries, extended treatment and medication. Parents who have to miss work to take care of their child could also be entitled to lost earnings, a portion of future earnings lost or punitive damages if a drug manufacturer has shown a clear disregard for birth defects patient safety. Contact us now to discuss your options without obligation.

Damages

If your child has an unintentional or severe birth defect, your family will require financial compensation to cover medical bills, loss in income and other costs. To prove your claim, you will need to gather documents, such as bills, receipts, and credit card payments. The more documents you can provide the more evidence, the greater your payout.

Most birth defects are genetic in nature and cannot be prevented. Some birth defects are caused by environmental factors or medications. For example, a doctor prescribing medication to a mother that increases the risk of a birth defect could be held liable for negligence.

A child born with an injury or birth defect could be a devastating experience for parents and their 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 will be held accountable. The team at Menzer Law understands the difficulties of a medical malpractice claim, and they can guide you through each step to ensure your claim is successful. Call today to find out more about how they can help you.