How to File a Birth Defect Claim

Parents who find out that their child is suffering from an abnormality that is congenital should contact a Pompano Beach birth defects lawyer right away. A birth injury lawsuit is limited to a shorter duration of limitations than other medical malpractice lawsuits.

Moreover, many birth defects or injuries could have been avoided. Victims need compensation.

Statute of Limitations

In the United States the statutes vary from one state to another. The victim may be unable to recover damages if a legal claim is not filed within the stipulated timeframe. A medical malpractice attorney can assist in ensuring the birth injury lawsuit is filed within the state's statute of limitations.

In some instances an injury could take longer 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 medical malpractice lawyer who is experienced and compassionate can help 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 to the medical professionals who treated your child. Receipts, bills as well as credit card records and other evidence of medical treatment will be important in this process. Attorneys can also gather information through discovery, a procedure which involves exchanging information with different parties. This could include taking depositions from nurses, doctors and hospital staff.

Congenital Disabilities

Congenital disabilities are structural defects which can affect how the body appears and performs. Mild to severe they can alter the body's appearance in many ways. Some are more obvious than others, such as cleft lips and palates however, others are more difficult to recognize.

Congenital problems can be caused by genetic or other chromosomal abnormalities. They can also be caused due to infection in the womb during birth or trauma, environmental influences as well as medications taken by mothers. They cause long-term disability, which takes a toll on individuals, families as well as health systems and societies. They contribute to the high mortality rate of newborns and children less than five.

Neural tube defects and chromosomal problems like Down syndrome, are among the most frequent causes of severe congenital disabilities in children. Certain congenital conditions are more prevalent in certain ethnic groups, maternal age and consanguinity (parents descend from the same kinship). Some are unintentionally occurring or caused by pharmacological or environmental factors. What determines if a person with a congenital disability is considered disabled is determined by how severe the condition is as well as the organ or body component it affects, and how much it interferes with daily activities.

Medical Costs

Families with children suffering from serious birth defects face huge medical costs. The cost of surgeries, therapy and ongoing treatment for the condition as well as its associated effects can be huge. The stress of caring for a child with physical impairment can also be a burden on families. A lawyer with experience in birth defect cases will assist victims receive the compensation they deserved.

Many genetic and congenital diseases can be prevented or treated in utero. Doctors can misdiagnose certain conditions or fail to inform their parents of screening and test results that could have led to the discovery of birth defects. In these cases, the parents may make a claim for wrongful life against the medical professional.

It isn't easy to prove that the error of a doctor caused a congenital disorder, an experienced Pompano Beach injury lawyer can evaluate the evidence and determine whether a claim is feasible. Contact a lawyer right away to discuss your case. You have two years to file a claim once you discover 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 could cost millions in their lifetime. It's inexcusable that this financial burden be placed on families who did not cause the problem. A Pompano Beach injury lawyer who is competent and understanding can help parents explore legal options.

Our solicitors have been trained in medical negligence claims and place the best interests of clients at the core of everything they do. They will examine all of the factors that led to the birth defect in your child and identify whether any medical professionals involved in the child's birth should have been held accountable.

A successful lawsuit could include reimbursement for medical expenses like hospitalizations and procedures, long-term treatments and medication. Parents who have to miss work to take care of their children may also be entitled to lost earnings, a portion of future lost earnings or punitive damages if the drug manufacturer displayed a blatant disregard for the safety of patients. Contact us today to discuss your options.

Damages

If your child has a mild or severe birth defect, your family needs financial compensation to cover medical bills, loss in income and other expenses. You'll need to gather documents, such as credit card payments, receipts and bills, to establish your claim. The more evidence you are able to provide, the greater your payout will be greater.

The majority of birth defect lawyers defects result from genetic causes and cannot be controlled by physicians. Some birth defects are caused by environmental factors or medication. For instance, a physician prescribing a medicine to the mother that increases the chance of having a birth defect law firm defect could be held accountable for negligence.

Being a parent of a child who has a birth injury or a birth defect can be a devastating experience for families and parents. But with the help of a Pompano Beach birth defect lawyer, you can pursue justice for your family and ensure that negligent doctors are accountable. The team at Menzer Law understands the difficulties of a medical malpractice claim, and they can guide you through every step to ensure that your claim is successful. Contact them today to learn more about how they can help you.