How to File a Birth Defect Claim

Parents who discover their child has a disability that is congenital should consult an experienced Pompano Beach birth defect lawyer right away. A birth injury lawsuit is subject to a shorter period of limitations than other medical malpractice lawsuits.

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

Statute of limitations

In the United States the statutes vary between states. The injured party may be barred from pursuing damages when a legal claim is not filed within the stipulated time frame. An attorney for medical malpractice can help ensure the birth injury lawsuit is filed within your state's statute of limitations.

In certain instances an injury can take longer to manifest physically or develop. In these cases it can be a challenge to determine the date when the statute of limitations began or when a case should have been filed. A knowledgeable and compassionate medical malpractice attorney can help you determine if a birth defect lawsuit can be filed before the state's statute of limitation expires.

The first step in identifying the birth defect is to link it with the medical professionals who treated your child. Bills, receipts credit card records, as well as other documentation of medical treatment are important in this process. Attorneys can also gather evidence through discovery which is the process of sharing information between parties. This may include taking depositions from doctors, nurses and hospital staff.

Congenital Disabilities

Congenital disabilities are structural problems present at birth and can affect how the body looks or performs. They can range from mild to severe. Some are more visible than others, such as mouth or palate clefts and others are more difficult to recognize.

Congenital conditions can be caused by genetic or other chromosomal abnormalities. They can be caused by infections in the womb during delivery trauma, environmental influences, and medication taken by mothers. They can cause long-term disability, which have a negative impact on individuals as well as their families, the health care system and the wider society. They are a major cause of mortality among infants and children under 5.

Neural tube defects as well as chromosomal disorders, such as Down syndrome, are the most prevalent causes of severe congenital disabilities in children. Certain congenital diseases are more common among certain ethnic groups, lawyers mothers of an age group and parents that descend from the same lineage. Other congenital ailments are caused by pharmacological or environmental influences. Whether a person with a congenital handicap is disabled is contingent on how severe the condition is, which organ or body part it affects, as well as how much it affects daily life.

Medical expenses

Families with children who suffer from severe birth defects must face massive medical costs. The cost of therapy, surgery and lifelong treatment for the condition, as well as its side effects are often enormous. Families can also be affected by the emotional strain of raising a child who has physical impairment. A skilled lawyer who is familiar with birth defect cases can help victims obtain the compensation they are entitled to for their loss.

A number of congenital and genetic diseases are treatable or preventable the uterus. Unfortunately, doctors sometimes do not recognize or inform parents of test results and screening results that could lead to discovery of a birth defect. In these instances, parents may bring a wrongful death claim against the medical professional.

It's difficult to prove that a medical error caused a congenital defect but a skilled Pompano Beach personal injury lawyer will evaluate the evidence to determine if an action is feasible. Contact a lawyer immediately to discuss your case. You have two years to file a claim after you've discovered or should have discovered the injury.

Lost Wages

A child born with birth defects will require extensive medical treatment which could cost millions of dollars in their lifetime. This financial burden shouldn't be imposed on families that didn't cause the condition. A skilled and understanding Pompano Beach injury lawyer can help parents explore 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 of the causes of the birth defect of your child, and determine whether any medical professionals involved in your child's delivery should have been held accountable.

A successful claim may include compensation for medical expenses, such as surgery, hospitalization, treatment and medication. Parents who have to take time off work to care for their child may also be entitled for lost earnings, a portion of future lost earnings, or punitive damages if the drug manufacturer displayed a blatant disregard for patient safety. Contact us now to discuss your options with no obligation.

Damages

Whether your child suffers from a severe or mild birth defect, your family will require an amount of money to cover medical expenses, loss of income and other costs. To support your claim, you need to gather evidence such as receipts, bills and credit card transactions. The more information you are able to provide, the higher your award.

The majority of birth defects are caused by genetic factors and cannot be prevented by doctors. Some birth defects are caused through environmental factors or medications. A doctor who prescribes a medicine to a mother who increases her chances of having a birth defect could be held accountable for negligent.

A child born with an injury or birth defect can be devastating to parents and their families. But with the help of a Pompano Beach birth defect lawyer to pursue justice for your family and ensure that negligent doctors are accountable. The team at Menzer Law understands the difficulties of a medical negligence claim and can help you through each step to ensure you file your claim in a timely manner. For more information, schedule an appointment to discuss what they can do to help you.