How to File a Birth Defect Claim

Parents who find out that their child has a disability that is congenital should consult an experienced Pompano Beach birth defect attorneys defect lawyer immediately. Contrary to other medical malpractice cases, a birth injury lawsuit has limited time limits.

In addition, many birth injuries and birth defects could have been avoided. Victims of abuse need compensation.

Statute of Limitations

In the United States the statutes vary from one state to another. The party who was injured could be denied damages when a legal claim is not filed within the specified timeframe. A medical malpractice lawyer will ensure that a birth injury suit is filed within the statute of limitations in your state.

In some cases, an injury may take some time to manifest physically or develop. In these instances it is often difficult to determine when the statute of limitations was first triggered or when it was the right time to file. A skilled and sympathetic medical malpractice attorney can assist you in determining whether an action for birth defects can be filed before the state's statute of limitations runs out.

The first step in identifying the birth defect is to connect it to the medical professionals who treated your child. Receipts, bills credit card records, and other documentation of medical treatment will be important in this process. Attorneys can also collect evidence through discovery which is a method of sharing information between parties. This may include taking depositions of nurses, doctors and hospital staff.

Congenital Disabilities

Congenital disabilities are structural defects that affect how the body appears and functions. From mild to severe they can impact the body in various ways. Some are more obvious than others, such as the cleft palate and lips, whereas others are harder to spot.

Congenital diseases can be caused by chromosomal and genetic anomalies such as infection in the womb, trauma during delivery, environmental influences on fetuses in the uterus, or medications that the mother takes. They can result in long-term disabilities that have a negative effect on individuals, their families, the health care system, and the wider society. They contribute to the high mortality rate of infants and children younger than five.

The main causes of severe congenital disabilities in children are neural tube defects and chromosomal conditions like Down syndrome. Some congenital disorders are more prevalent among certain ethnic groups and mothers who are of a certain age, and parents who descend from the same lineage. Other congenital diseases are caused by environmental or pharmacological influences. What determines if a person with a congenital disability is considered disabled is determined by how severe the condition is and the body part it affects, as well as how much it interferes with everyday activities.

Medical Expenses

Families with children who have severe birth defects face enormous medical costs. These include the cost of permanent treatment with therapy and surgery to treat the condition and its adverse effects. The stress of caring for a physically impaired child can also take its toll on families. A knowledgeable lawyer who has experience in birth defect cases can help victims get the compensation they are entitled to for their loss.

A number of genetic and congenital disorders are treatable or preventable in the uterus. Unfortunately, doctors may misdiagnose or fail to inform parents of test and screening results which may lead to the discovery of birth defects. In these instances, parents can file a claim for an unjustified death against the medical provider.

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

Lost Wages

A child born with birth defects will require extensive medical care, which could cost millions of dollars throughout their lives. This financial burden shouldn't fall on families that didn't cause the condition. A knowledgeable and sympathetic Pompano Beach injury lawyer can help parents explore their legal options.

Our solicitors are highly trained in medical negligence cases and place the best interests of clients at the center of their work. They will investigate all the circumstances concerning the birth defect of your baby to determine whether any medical professionals involved in the delivery of your child were accountable.

A successful claim could include the reimbursement of medical expenses such as hospitalizations, surgeries and extended treatment and medication. Parents who have to miss work to care for their child may also be entitled for lost wages, a percentage of future lost earnings, or punitive damages if the pharmaceutical company has shown a clear disregard for the safety of patients. Contact us today to discuss your options.

Damages

Your family may require financial compensation for medical expenses, lost income and other expenses, regardless whether your child has a mild or severe defect. You will need to gather documents, such as credit card transactions, receipts and bills to prove your claim. If you have more evidence to provide, the greater your payout will be greater.

The majority of birth defects result from genetic causes and can't be cured by doctors. However, some birth defects are related to environmental factors or medications. For instance, a physician prescribing medication to a mother that increases the risk of a birth defect can be held accountable for negligence.

The birth of a child with an injury to their birth or a birth defect can be devastating for parents and families. With the help of a Pompano Beach lawyer for birth defects and birth defects, you can pursue 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 successfully filed. For more information, schedule a consultation to find out how they can assist you.