How to File a Birth Defect Claim

Parents who discover their child has a disability that is congenital should seek out an experienced Pompano Beach birth defect lawyer as soon as possible. Unlike some other medical malpractice claims birth injury lawsuits have an extremely short time limit.

In addition, many birth problems and injuries could have been avoided. Victims require compensation.

Statute of limitations

In the United States, the statutes of limitations vary from state to state. The party who was injured could be barred from recovering damages should a legal action not filed within the stipulated timeframe. A medical malpractice lawyer can guarantee that a lawsuit arising from a birth injury is filed within the statute of limitations in your state.

In some instances an injury could take a long time to manifest physically or develop. In these cases it is often difficult to determine when the statute of limitations began or when it was the right time to file. A medical malpractice lawyer who is knowledgeable and compassionate can assist you determine if a lawsuit for birth defects is possible before the statute of limitations expires in your state.

The first step to identify the birth defect is to link it with the medical professionals who treated your child. Receipts, bills credit card records, and other evidence of medical treatment are crucial in this process. Attorneys can also gather information through discovery, a process which involves exchanging information with other parties. This can include taking the depositions of doctors, nurses and hospital staff.

Congenital Disabilities

Congenital disabilities are structural defects that affect the way the body looks and functions. They can range from mild to severe. Some are more noticeable than others, such as lip or palate clefts, while others are more difficult to identify.

Congenital problems can be caused by genetic or other chromosomal issues. They may also be caused by infections in the womb during delivery trauma, environmental influences as well as medications taken by mothers. They cause long-term disabilities, which affects individuals, families as well as health care systems and societies. They contribute to the high mortality rate of newborns and children less than five.

Neural tube defects and chromosomal disorders like Down syndrome, are among the most frequent causes of severe congenital disorders in children. Some congenital conditions are more prevalent in certain ethnic groups, such as maternal age and consanguinity (parents descend from the same kinship). Other congenital diseases are caused by environmental or pharmacological influences. The degree of the congenital disability, which organs or body parts it affects, as well as the degree to which it affects in daily life, will determine whether a person is considered disabled.

Medical expense

Families with children who have serious birth defects face huge medical costs. The costs of surgery, therapy and lifelong treatment for the condition as well as its associated effects can be a huge burden. Families can also be affected by the emotional stress of raising a child with physical impairment. A skilled lawyer with experience in birth defect cases can assist victims get the compensation they are entitled to for their loss.

Many congenital and genetic disorders can be treated or prevented in utero. Doctors may misdiagnose problems or fail to inform their parents of screening or test results that could have resulted in the identification of birth defects. In these instances parents may make a claim for an unjustified death against the medical professional.

Although it can be difficult to prove that the error of a doctor resulted in a congenital impairment, a seasoned Pompano Beach injury attorney can review the evidence and determine whether a claim is viable. Contact a lawyer as soon as possible to discuss your case. You have two years from the time you discovered or should have had knowledge of the injury to make a claim.

Lost Wages

A child born with an anomaly in the birth will likely require a lot of medical attention, which can cost millions over their lives. It's inexcusable that this financial burden should be borne by families who didn't cause the condition. A qualified and empathetic Pompano Beach injury lawyer can help parents consider their legal options.

Our lawyers are well-trained in medical malpractice claims and always consider the best interests of the client first. They will examine all of the causes of the birth defect in your child and determine if any medical professionals involved in the birth of your child should have been held accountable.

A successful claim may include reimbursement for medical expenses such as hospitalizations and surgeries, long-term treatments, and prescriptions. Parents who have by their job to take care of their child may also be entitled for lost wages, a percentage of future earnings loss or punitive damages if the pharmaceutical company showed a flagrant disregard for patient safety. Contact us now to discuss your options with no obligation.

Damages

No matter if your child is suffering from a severe or mild birth defect, your family needs financial compensation to cover medical bills, loss in income as well as other costs. To help prove your claim, you have to gather documents like bills, receipts and credit card transactions. The more evidence you can offer, the higher your award.

Most birth problems are genetic and cannot be avoided. Some birth defects are caused through environmental factors or medications. A doctor who prescribes a medication to a mother which increases the chance of her having a birth defect could be held accountable for negligence.

Having a baby with injuries to the birth or birth defect can be devastating for families and parents. But with the assistance of a Pompano Beach birth defect lawyer who can help you seek justice for your family and ensure that negligent doctors are 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 submitted successfully. Set up a consultation today to learn more about how they can help you.