How to File a Birth Defect Claim

Parents who discover that their child suffers from a congenital disability should contact an experienced Pompano Beach birth defect lawyer immediately. Contrary to other medical malpractice claims birth injury lawsuits have a short statute of limitations.

In addition, many birth defects and injuries could have been avoided. Victims require compensation.

Statute of Limitations

In the United States the statutes vary between states. The party who was injured could be barred from recovering damages if a legal claim is not filed within the specified time period. A medical malpractice lawyer can ensure that a lawsuit arising from a birth injury is filed within the time limit set by the statute of limitations in your state.

In certain cases an injury could take longer to manifest physically or develop. In these instances it may be difficult to determine when the statute of limitations began or when a case ought to have been filed. A medical malpractice lawyer who is experienced and compassionate will help you determine if a lawsuit involving birth defects is possible before the statute of limitations runs out in your state.

The first step in identifying the birth defect is to connect it with the medical professionals that treated your child. In this process, records of bills or receipts as well as credit card records will be vital. Attorneys can also collect evidence through discovery which is the process of exchanging information between parties. This may include taking depositions of doctors, nurses and hospital staff.

Congenital Disabilities

Congenital disabilities are structural issues present at birth and can influence how the body appears or performs. From mild to severe, they can alter the body's appearance in many ways. Some are more noticeable than others, such as the cleft palate and lips and others, while some are harder to spot.

Congenital disorders can be caused by genetic or other chromosomal anomalies. They can also be caused by infection in the womb during birth or trauma, environmental influences and medications taken by mothers. They cause long-term disabilities, which is a burden on families, individuals and health care systems as well as societies. They contribute to the high burden of infant mortality and neonatal deaths.

Neural tube defects as well as chromosomal disorders like Down syndrome, are the most common causes of severe congenital disabilities in children. Certain congenital conditions are more common in certain ethnic groups, as well as maternal age and consanguinity (parents descend from the same kinship). Others occur spontaneously or are caused by pharmacological or environmental factors. If a person who has a congenital handicap is disabled is contingent on how severe the condition is and the body part it affects, and how much it impacts daily life.

Medical Costs

Parents of children with severe birth defects are faced with huge medical expenses. The costs of surgery, therapy and ongoing treatment for the condition and its repercussions can be a huge burden. Families can also be impacted by the emotional strain of raising a child suffering from physical disabilities. An experienced lawyer who has handled birth defect cases can help victims get the money they deserve.

Many congenital and genetic diseases can be prevented or treated in the uterus. Unfortunately, doctors may do not recognize or inform parents of test and screening results which may lead to the discovery of an anomaly in the birth. In these instances, parents may bring a wrongful death claim against the medical provider.

Although it can be difficult to prove that the error of a doctor led to a congenital disability, an experienced Pompano Beach injury lawyer will review the evidence and determine whether a claim is viable. Contact a lawyer immediately to discuss your case. You have two years from the time you found or should have been aware of the injury to file a claim.

Lost Wages

A child born with birth defects will require extensive medical care which could cost thousands of dollars over their lives. It's inexcusable that this financial burden be borne by families who have no responsibility for 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 place the client's best interests first. They will look into all the factors that led to the birth defect attorneys defect of your child and determine if any medical professionals involved in the delivery of your child should have been held accountable.

A successful claim could include compensation for medical expenses, such as hospitalizations, surgeries, prolonged treatment and medication. Parents who are forced by their job to take care of their children may also be entitled to compensation for lost wages, a percentage of future lost earnings or punitive damages if the drug manufacturer did not take the proper precautions to ensure the safety of patients. Contact us today to discuss your options.

Damages

Your family will require financial compensation for medical expenses, lost income and other expenses regardless whether your child is suffering from a serious or mild defect. To prove your claim, you will need to collect documents such as receipts, bills, and credit card payments. The more you can provide more information, the better your claim will be.

Most birth defects are genetic and cannot be avoided. However, some birth defects are caused by the environment or defects medications. For instance, a physician prescribing a medication to a mother that increases the chance of having a birth defect attorney defect can be held liable for negligence.

A baby born with an injury or defect in the birth could be a devastating experience for parents and their families. However, with the help of a Pompano Beach birth defect lawyer who can help you seek 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 guide you through every step to ensure that your claim is successfully filed. To learn more, schedule an appointment to discuss what they can do to help you.