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 defect lawyer right away. Contrary to other medical malpractice cases, a birth injury lawsuit has the benefit of a shorter statute of limitations.

In addition, many birth injuries and birth defects could have been prevented. Victims of abuse need compensation.

Statute of Limitations

In the United States the statutes vary from one state to the next. The injured party may be denied damages in the event that a legal claim was not filed within the stipulated timeframe. A medical malpractice lawyer will ensure that a lawsuit arising from a birth injury is filed within the time limit set by the statute of limitations in your state.

In certain instances an injury can take some time to manifest physically or develop. In these instances it is often difficult to determine when the statute of limitations began or when a suit ought to have been filed. A compassionate and skilled medical malpractice attorney can assist you in determining whether an action for birth defects can be filed before the state's statute of limitation expires.

The first step in identifying the birth defect lawsuits defect is to link it with the medical professionals who treated your child. In this process, bills or receipts as well as credit card records are crucial. Attorneys can also gather evidence through discovery which is the process of transferring information between parties. This may include taking depositions of nurses, doctors and hospital personnel.

Congenital Disabilities

Congenital disabilities are structural problems that affect the way the body appears and functions. From mild to serious they can affect the body in a variety of ways. Some are more noticeable than others, such as the cleft palate and lips, whereas others are harder to identify.

Congenital problems can be caused by genetic or other chromosomal abnormalities. They can also be caused by infections in the womb during delivery trauma, environmental influences as well as medications taken by mothers. They can cause long-term disability which takes a toll on families, individuals and health care systems as well as societies. They contribute to the high burden of mortality among infants and children under 5.

The most frequent causes of congenital disability in children are neural tube defects as well as chromosomal issues like Down syndrome. Certain congenital disorders are more prevalent in certain ethnic groups, as well as maternal age and consanguinity (parents descend from the same kinship). Other congenital ailments are caused by environmental or pharmacological influences. The extent of the congenital impairment, which organs or body parts it affects, as well as the extent to which it impacts in daily activities, will determine whether a person is considered disabled.

Medical Expenses

Parents of children with severe birth defects face enormous medical costs. These include the cost of permanent treatment with therapy and surgery to treat the condition and its side effects. The stress of raising an physically impaired child can take its toll on families. A lawyer with experience in birth defect cases will assist victims get the money they deserve.

A variety of genetic and congenital disorders can be treated or prevented in the uterus. Unfortunately, doctors sometimes miss-diagnose or fail to inform parents of test results and screening results that could lead to the discovery of birth defects. In these cases, the parents could bring a wrongful death claim against the medical provider.

While it is difficult to prove that the error of a doctor resulted in a congenital impairment an experienced Pompano Beach injury attorney will review the evidence and determine if a claim can be viable. Contact a lawyer as soon as possible to discuss your case. You have two years from the date you first discovered or been aware of the injury to claim compensation.

Lost Wages

A child born with birth defects will require extensive medical treatment which could cost millions of dollars throughout their lives. It's inexcusable that this financial burden should be borne by families who have no responsibility for the condition. A knowledgeable and sympathetic Pompano Beach injury lawyer can help parents consider their legal options.

Our lawyers are highly trained in medical malpractice cases and always ensure that the best interests of the client are first. They will look into all the circumstances that led to the birth defect of your child, and identify whether any medical experts involved in the child's birth ought to have been held accountable.

A successful claim could include compensation for medical costs such as hospitalizations and procedures, long-term treatments and medications. It could also include lost wages for parents who have to leave to care for their children, a percentage of the future loss of earnings and punitive damages where the drug manufacturer showed an unflinching disregard for the patient's safety. Contact us today to discuss your options.

Damages

Whether your child suffers from an acute or mild birth issue, your family may require an amount of money to cover medical bills, loss in income as well as other costs. To prove your claim, it is necessary to gather documents like receipts, bills and credit card transactions. The more information you are able to provide the more evidence you can provide, the greater your reward.

Most birth defects are caused by genetic factors and cannot be prevented by doctors. However, some birth defects are caused by environmental factors or medication. A doctor who prescribes a drug to a mother, which increases the chance of her having a birth defect could be held responsible for negligence.

A baby born with a birth injury or a birth defect can be a devastating experience for parents and families. With the help of a Pompano Beach lawyer for birth defects and birth defects, you can pursue justice for your family. You can also ensure that negligent doctors are held accountable. Menzer Law can help you navigate the medical malpractice claims process. They will guide you through each step and ensure that your claim is filed successfully. To learn more, schedule an appointment with them to learn how they can help you.