How to File a Birth Defect Claim

Parents who find out that their child suffers from an abnormality that is congenital should contact a Pompano Beach birth defects lawyer right away. Birth injury lawsuits are subject to a shorter period of limitations than other medical malpractice lawsuits.

Additionally, a lot of birth defects and injuries could have been avoided. Thus, victims should be compensated.

Statute of Limitations

In the United States, the statutes of limitations differ from state to state. Legal claims must be filed within this period otherwise the injured party might not be able recover damages. A medical malpractice attorney can assist in ensuring that the birth injury lawsuit is filed within your state's statute of limitations.

In some instances it takes time for an injury to manifest itself physically or in a developmental way. In these instances it is usually difficult to determine when the statute of limitations began or when it should have been filed. A medical malpractice lawyer who is proficient and compassionate can help determine if a lawsuit for birth defects can be filed before the statute of limitations expires in your state.

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

Congenital Disabilities

Congenital disabilities are structural problems that can affect the way the body looks and performs. They range from mild to severe. Some are more noticeable than others, like cleft lips and palates while others are more difficult to recognize.

Congenital diseases can be caused by genetic or chromosomal abnormalities, infection in the womb, injuries during delivery, environmental impacts on fetuses in the uterus, or medications that the mother takes. They can lead to long-term disability, which is a burden on individuals, families and health care systems as well as societies. They contribute to the high burden of infant mortality and neonatal deaths.

The most frequent causes of congenital disabilities in children are neural tube defects and chromosomal disorders 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). Others are caused by a natural process or are linked to environmental or pharmacological factors. The degree to which a person suffering from a congenital impairment is considered disabled depends on the severity of the condition and what organ or body part it affects, and how much it impacts everyday life.

Medical Costs

Families with children who suffer from serious Birth Defect lawyers defects face huge medical expenses. These include the cost of a lifetime of treatment and therapy, as well as surgery for the condition as well as its side effects. Families can also be affected by the emotional strain of raising a child suffering from a physical disability. A knowledgeable lawyer with experience in birth defect cases can assist victims receive the compensation they deserve for their loss.

Many congenital and genetic illnesses can be treated or prevented in utero. Unfortunately, doctors may do not recognize or inform parents of tests 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 professional.

Although it's difficult to prove that a medical error caused a congenital handicap, a seasoned Pompano Beach injury attorney can evaluate the evidence and determine whether a claim is viable. Contact an attorney as soon as possible to discuss your case. You have two years from the date you discovered or should have discovered the injury in order to file a claim.

Lost Wages

A child born with a birth defect is likely to require a lot of medical attention, which can cost a lot in their lifetime. This financial burden shouldn't fall on families that didn't cause the problem. A skilled and understanding Pompano Beach injury lawyer can help parents consider their legal options.

Our lawyers are highly trained in medical malpractice cases and always put the client's best interests first. They will examine all circumstances that led to your baby's birth defect to determine whether any medical professionals involved with your child's delivery were responsible.

A successful claim may include reimbursement for medical expenses like hospitalizations and surgeries, prolonged treatments, and prescriptions. Parents who are forced to miss work to take care of their child may also be entitled to lost earnings, a portion of future lost earnings, or punitive damages if a 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 monetary compensation for medical bills, lost income, and other expenses, regardless whether your child has a serious or mild defect. You'll need to gather documents, such as payment receipts from credit cards, and bills, to support your claim. The more evidence you can offer, the higher your award.

The majority of birth defects are genetic and cannot be prevented. Some birth defects are caused by environmental factors or drugs. For instance, a physician prescribing medication to a mother that increases the risk of a birth defect can be held liable for negligence.

A child born with a birth defect or injury can be devastating for parents and their families. However, with the help of a Pompano Beach birth defect lawyer and pursue justice for your family and ensure that negligent doctors are held accountable. The team at Menzer Law understands the difficulties of a medical malpractice case and can guide you through each step to ensure your claim is successfully filed. Set up a consultation today to learn more about how they can help you.