How to File a Birth Defect Claim

Parents who discover their child suffers from a congenital disability must contact a seasoned Pompano Beach birth defect lawyer as soon as possible. Birth injury lawsuits are subject to a shorter statute of limitations than other medical malpractice claims.

Additionally, a lot of birth defect law firms defects and injuries could have been prevented. Thus, victims should be compensated.

Statute of Limitations

In the United States the statutes vary from one state to the next. A legal claim must be filed within this timeframe or the victim may not be able to claim damages. A medical malpractice lawyer can make sure 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, it takes a while for an injury to manifest itself physically or develop. In these instances, it is often difficult to determine when the statute of limitations began or when it should have been filed. A compassionate and skilled medical malpractice lawyer can help you determine whether a birth defect lawsuit can be filed before your state's statute of limitations runs out.

The first step is to pinpoint the birth defect and connect it to the medical professionals who treated your child. In this process, medical bills, receipts and credit card records will be vital. Attorneys can also gather evidence through discovery which is a method of exchanging information between parties. This could include taking depositions of nurses, doctors and hospital personnel.

Congenital Disabilities

Congenital disabilities are structural defects which can affect how the body looks and performs. They can range from mild to severe. Some are more obvious than others, like cleft lips or palates and others are harder to detect.

Congenital conditions can be caused by genetic or other chromosomal anomalies. They can also be caused due to infection in the womb during delivery, trauma, environmental influences and the use of medications by mothers. They cause long-term disability, which is a burden on families, individuals and health care systems as well as societies. They contribute to the high mortality of infants and children aged less than 5.

The most frequent causes of congenital disabilities in children are neural tube defects and chromosomal diseases, such as Down syndrome. Some congenital conditions are more prevalent in certain ethnic groups, as well as maternal age and consanguinity (parents descend from the same kinship). Other conditions are triggered by nature or are related to pharmacological or environmental factors. If a person who has a congenital impairment is considered disabled is determined by how severe the condition is and what organ or body area it affects and how much it impacts daily life.

Medical Costs

Families with children who have serious birth defects face huge medical expenses. This includes the cost of ongoing treatment or surgery, as well as therapy for the condition as well as its negative side effects. Families can also be impacted by the emotional strain of caring for a child with physical disabilities. A skilled lawyer who is experienced in birth defect cases can assist victims obtain the compensation they deserve for their losses.

A variety of congenital and genetic disorders are treatable or preventable utero. Unfortunately, doctors may miss-diagnose or fail to inform parents of test results and screening results which may lead to the discovery of an anomaly in the birth. In these instances parents may be able to seek compensation for wrongful death against the medical professional.

While it is difficult to prove that a doctor's error led to a congenital disability, a seasoned Pompano Beach injury lawyer can evaluate the evidence and determine if a claim is feasible. Contact a lawyer right away to discuss your case. You have two years to file a claim after you have discovered or should have discovered the injury.

Lost Wages

A child born with an anomaly in the birth will likely require a lot of medical attention, which can cost a lot over the course of their lives. It's inexcusable that this financial burden should be borne by families that have no responsibility for the condition. A Pompano Beach injury lawyer who is qualified and sympathetic can assist parents to explore legal options.

Our lawyers are highly trained in medical malpractice claims and always place the client's best interests first. They will explore all of the factors that led to the birth defect of your child and determine whether any medical professionals involved in the child's birth should have been held accountable.

A successful claim can include compensation for medical expenses, such as hospitalizations, surgeries, extended treatment and medication. It may also include lost wages for parents that have to leave to care for their children, a portion of future lost earnings, and punitive damages where the drug manufacturer showed an unflinching disregard for the patient's safety. Contact us now to discuss your options without any obligation.

Damages

No matter if your child is suffering from a severe or mild birth defect, your family needs monetary compensation to cover medical bills, loss in income and other expenses. To prove your claim, it is necessary to gather documents, such as receipts, bills, and credit card payments. The more evidence you can offer, the higher your award.

Most birth defects result from genetic causes and cannot be controlled by physicians. Certain birth defects are caused by environmental factors or medications. For instance, a physician prescribing a medicine to the mother that increases the risk of a birth defect could be held liable for negligence.

A baby born with an injury or defect at birth can be a tragedy for parents and their families. 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. The team at Menzer Law understands the difficulties of a medical malpractice case and can help you through each step of the process to ensure you file your claim in a timely manner. To find out more, set up an appointment to discuss what they can do to help you.