How to File a Birth Defect Claim

Parents who find out that their child has a congenital disability should seek out an experienced Pompano Beach birth defect lawyer as soon as possible. Contrary to other medical malpractice claims, birth injury lawsuits have a short statute of limitations.

Additionally, many birth defects or injuries could have been prevented. Hence, victims need compensation.

Statute of limitations

In the United States the statutes vary from state to state. The party who was injured could be denied damages if a legal claim is not filed within the specified timeframe. A medical malpractice attorney can help ensure the birth injury lawsuit is filed within your state's statute of limitations.

In certain instances injuries can take longer to manifest physically or develop. In these instances, it can be difficult to determine the date when the statute of limitations began or when a suit ought to have been filed. A medical malpractice lawyer who is skilled and compassionate can assist you determine if a suit for birth defects is possible before the statute of limitations expires in your state.

The first step is to identify the birth defect and link it to the medical experts who treated your child. In this process, bills or receipts as well as credit card information will be essential. Attorneys can also gather evidence through discovery which is a method of exchanging information between two parties. This could include taking depositions of nurses, doctors and hospital staff.

Congenital Disabilities

Congenital disabilities are structural issues which can affect how the body looks and performs. From mild to serious, they can affect the body in a variety of ways. Some are more obvious than others, like mouth or palate clefts and others are more difficult to spot.

Congenital disorders can be caused by genetic or other chromosomal anomalies. They can also be caused by infections in the womb during birth, trauma, environmental influences and the use of medications by mothers. They can cause long-term disability, which have a negative impact on individuals, their families, the health care system, and the society. They contribute to the burden of infant mortality and neonatal deaths.

The leading causes of severe congenital disability in children are neural tube defects as well as chromosomal issues like Down syndrome. Certain congenital diseases are more prevalent in certain ethnic groups, due to maternal age and consanguinity (parents descend from the same kinship). Other congenital conditions are caused by environmental or pharmacological influences. If a person who has a congenital handicap is disabled depends on the severity of the condition and what organ or body part it affects, and how much it impacts daily activities.

Medical Expenses

Families with children who suffer from severe birth defects face enormous medical expenses. The cost of therapy, surgery and long-term treatment for the condition as well as its side effects are often enormous. The emotional strain of caring for physically impaired children can be very hard on families. An experienced lawyer who has handled birth defect cases will help victims get the money they deserve.

Many congenital and genetic diseases can be prevented or treated in utero. Doctors can misdiagnose certain conditions or fail to inform parents of screening or tests that may have led to the discovery of birth defects. In these cases parents may be able to seek compensation for wrongfully dying against the medical professional.

While it is difficult to prove that the error of a doctor caused a congenital handicap, an experienced Pompano Beach injury lawyer can review the evidence and determine if a claim is viable. Contact an attorney right away to discuss your case. You have two years to file a claim if you have discovered or should have discovered the injury.

Lost Wages

A child born with an anomaly in the birth will likely require extensive medical treatment which can cost a lot throughout their lifetime. It's unjust that this financial burden be borne by families that did not cause the problem. A skilled and understanding Pompano Beach injury lawyer can help parents explore their legal options.

Our lawyers are well-trained in medical malpractice claims and always put the client's best interests first. They will explore all of the circumstances surrounding the birth defect in your child and identify whether any medical professionals involved in the delivery of your child ought to have been held accountable.

A successful claim could include reimbursement for medical expenses such as surgery, hospitalization, treatment and medication. It could also include lost earnings for parents who have to to take care of their children, a portion of the future loss of earnings and punitive damages where the drug manufacturer showed an unintentional disregard for patient safety. Contact us today to discuss your options.

Damages

Your family will require monetary compensation for medical expenses, lost income and other expenses, regardless whether your child has an injury that is mild or severe. You'll need to gather documents, like credit card transactions, receipts and bills to prove your claim. The more evidence you can offer the more evidence, the greater your payout.

The majority of birth problems are genetic and are not preventable. Certain birth defects are caused by environmental factors or medication. For instance, a doctor prescribing medication to a mother that increases the risk of a birth defect can be held accountable for negligence.

A baby born with an injury from birth or a birth defect can be devastating for families and parents. With the assistance 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. Menzer Law can help you navigate the medical malpractice claim process. They will guide you through every step and ensure that your claim is filed successfully. To learn more, schedule a consultation to find out how they can help.