How to File a Birth Defect Claim

Parents who discover that their child suffers from a congenital disability must contact a seasoned Pompano Beach birth defect lawyer as soon as possible. A birth injury lawsuit is subject to a shorter period of limitations than other medical malpractice claims.

Additionally, a lot of birth injuries and defects could have been prevented. Hence, victims need compensation.

Statute of Limitations

In the United States the statutes vary from one state to another. The victim may be barred from pursuing damages if a legal claim is not filed within a specified timeframe. An attorney for medical malpractice will help ensure that a birth injury lawsuit is filed within the state's statute of limitations.

In some instances an injury could take longer to manifest physically or develop. In these cases, it is often difficult to determine when the statute of limitations started or when it should have been filed. A medical malpractice lawyer who is skilled and compassionate can help determine if a suit for birth defects can be filed before the statute of limitations runs out in your state.

The first step to identify the birth defect is to link it to the medical professionals who treated your child. In this process, medical bills, receipts and credit card records will be crucial. Attorneys can also gather information through discovery, a process that involves exchanging information with different parties. This can include taking the depositions of doctors, nurses, and hospital staff.

Congenital Disabilities

Congenital disorders are structural flaws that affect the way the body appears and performs. They range from mild to severe. Some are more obvious than others, such as mouth and lips clefts, whereas others are harder to identify.

Congenital disorders can be caused by genetic or other chromosomal anomalies. They can also be caused by infection during the birth process, trauma, environmental influences and the use of medications by mothers. They can result in long-term disabilities that have a negative effect on individuals as well as their families, the health care system and the wider 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 the most frequent causes of severe congenital disabilities in children. Some congenital conditions are more common in certain ethnic groups, as well as maternal age and consanguinity (parents descend from the same kinship). Other congenital ailments are caused by environmental or pharmacological influences. Whether a person with a congenital disability is considered disabled depends on how severe the condition is, which organ or body area it affects and the extent to which it affects daily activities.

Medical expenses

Families with children suffering from severe birth defects are confronted with massive medical costs. The cost of surgery, therapy and ongoing treatment for the condition, as well as its associated effects are often enormous. Families can also be affected by the emotional stress of caring for a child with physical disabilities. A lawyer with experience in birth defect cases can help victims receive the compensation they are due.

A variety of genetic and congenital disorders are preventable or treatable in utero. Unfortunately, doctors sometimes miss-diagnose or fail to inform parents of test and screening results which may lead to the discovery of a birth defect. In these instances, parents may bring a wrongful death claim against the medical provider.

It's hard to prove that a doctor's error caused a congenital condition however an experienced Pompano Beach personal injury lawyer will evaluate the evidence to determine if your claim is valid. Contact an attorney right away to discuss your case. You have two years from the time you found or should have discovered the injury in order to claim compensation.

Lost Wages

A child born with a birth defect could require extensive medical care, which can cost a lot in their lives. It's unfair that this financial burden be borne by families that did not cause the condition. A qualified and empathetic Pompano Beach injury lawyer can assist parents in exploring their legal options.

Our lawyers are well-trained in medical malpractice cases and always place the client's best interests first. They will look into all circumstances surrounding your baby's birth defect to determine whether any medical professionals who were involved in the delivery of your child are responsible.

A successful claim could include reimbursement for medical expenses like hospitalizations and procedures, long-term treatments and prescriptions. It could also include the loss of earnings for parents who need to leave to care for their children, a portion of future earnings lost and punitive damages when the drug manufacturer exhibited an unflinching disregard for the patient's safety. Contact us today to discuss your options.

Damages

If your child has an acute or mild birth defect, your family requires monetary compensation to cover medical bills, loss in income and other costs. To support your claim, you have to gather documents, such as receipts, bills and credit card payment. The more evidence you can provide, Birth Defect the more likely your claim will be higher.

Most birth defects are genetic and cannot be avoided. Certain birth defects are caused by environmental factors or medication. For example, a doctor prescribing a medication to a mother that increases the chance of having a birth defect can 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. Menzer Law can help you with the medical malpractice claims process. They will guide you through each step and ensure that your claim is properly filed. Set up a consultation today to learn more about how they can help you.