How to File a Birth Defect Claim

Parents who discover their child has a congenital disability should consult an experienced Pompano Beach birth defect lawyer as soon as possible. Unlike some other medical malpractice claims, birth injury lawsuits have the benefit of a shorter statute of limitations.

Furthermore, a lot of birth defects or injuries could have been avoided. Victims deserve compensation.

Statute of limitations

In the United States the statutes vary from one state to the next. Legal claims must be filed within this timeframe otherwise the person who was injured may not be able recover damages. An attorney for medical malpractice will help ensure that a birth injury lawsuit is filed within the state's statute of limitations.

In some cases, it takes a while for an injury to manifest physically or in a developmental way. In these instances it is often difficult to determine the date when the statute of limitation was set or when a lawsuit should have been filed. A medical malpractice lawyer who is proficient and compassionate can help determine if a suit 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 link it to the medical professionals that treated your child. In this process, medical bills receipts, receipts, and credit card information will be essential. Attorneys can also collect evidence through discovery that is the process of exchanging information between two parties. This can include taking depositions from doctors, nurses and hospital staff.

Congenital Disabilities

Congenital disabilities are structural problems which can affect how the body appears and performs. From mild to severe they can affect the body in a variety of ways. Some are more noticeable than others, like the cleft palate and lips and others, while some are harder to identify.

Congenital disorders can be triggered by chromosomal or genetic abnormalities, infection in the womb, trauma during delivery, environmental effects on fetuses inside the uterus, as well as the medication used by the mother. They can lead to long-term disability, which is a burden on individuals, families as well as health care systems and societies. They contribute to the high mortality rate of infants and children younger than five.

The most common causes of severe congenital disabilities in children are neural tube defects and chromosomal disorders, such as Down syndrome. Certain congenital disorders are more prevalent in certain ethnic groups, maternal age and consanguinity (parents descend from the same kinship). Others are caused by a natural process or are connected to pharmacological or environment factors. What determines if a person with a congenital disability is disabled depends on how severe the condition is as well as the organ or body part it affects, and how much it impacts everyday life.

Medical expenses

Families with children who have severe birth defects are confronted with massive medical costs. These include the cost of lifelong treatment and therapy, as well as surgery for the condition as well as its side effects. The stress of caring for a child with physical impairment can take its toll on families. An experienced lawyer who has handled birth defect cases will assist victims get the money they are entitled to.

A variety of genetic and congenital disorders are preventable or treatable in the uterus. Doctors may misdiagnose problems or fail to inform parents of screening and test results that could have resulted in the discovery of birth defect attorney defects. In these cases parents may be able to make a claim for wrongful death against the medical provider.

It isn't easy to prove that a mistake by a doctor led to a congenital disability an experienced Pompano Beach injury attorney will review the evidence and determine if a claim is viable. Contact a lawyer as soon as possible to discuss your case. You have two years from the time you first discovered or known about the injury to file a claim.

Lost Wages

A child born with a birth defect could require extensive medical care, which could cost millions in their lifetime. It is unfair that this financial burden be borne by families that did not cause the condition. A skilled and understanding Pompano Beach injury lawyer can help parents consider their legal options.

Our solicitors are highly trained in medical negligence claims and put the best interests of their clients at the forefront of everything they do. They will examine all circumstances of your baby's birth defect to determine the medical professionals who assisted in the delivery of your child were accountable.

A successful claim could include the reimbursement of medical expenses such as hospitalizations and surgeries, long-term treatments, and medications. It may also include lost wages for parents that have to leave work to care for their children, a percentage of future lost earnings and punitive damages if the manufacturer of the medication displayed a blatant disregard for patient safety. 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 is suffering from an issue that is severe or mild. To prove your claim, it is necessary to gather documents like bills, receipts, and credit card payments. The more evidence you are able to provide, the more likely your claim will be greater.

The majority of birth problems are genetic and are not preventable. However, some birth defects are related to 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 responsible for negligence.

A baby born with an injury to their birth or a birth defect can be a devastating experience 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. The team at Menzer Law understands the difficulties of a medical malpractice lawsuit, and they can guide you through each step to ensure you file your claim in a timely manner. Schedule a consultation today to learn more about how they can help you.