How to File a Birth Defect Claim

Parents who discover their child is suffering from a congenital handicap must contact a seasoned Pompano Beach birth defect lawyer immediately. Unlike some other medical malpractice claims a birth injury lawsuit has the benefit of a shorter statute of limitations.

Furthermore, a lot of birth defects or injuries could have been prevented. Therefore, birth Defect lawsuit victims deserve compensation.

Statute of Limitations

In the United States, the statutes of limitations vary from state to state. A legal claim must be filed within this timeframe or the injured party may not be able to claim damages. A medical malpractice lawyer can guarantee that a claim for birth injury is filed within the time limit set by the statute of limitations in your state.

In certain cases it takes time for an injury to manifest physically or developmentally. In these cases it can be a challenge to determine the date when the statute of limitations was set or when a lawsuit should have been filed. A skilled and empathetic medical malpractice attorney can help you determine if a birth defect lawsuit can be filed before your state's statutes of limitations expire.

The first step is to pinpoint the birth defect and connect it to the medical specialists who treated your child. Bills, receipts credit card records, and other evidence of medical treatment will be important in this process. Attorneys can also gather evidence through discovery, which is a process of exchanging information between two parties. This can include taking depositions from doctors, nurses and hospital staff.

Congenital Disabilities

Congenital disorders are structural flaws present at birth that can affect how the body looks or functions. They can range from mild to severe. Some are more visible than others, such as cleft lips or palates while others are harder to detect.

Congenital disorders can be caused due to chromosomal or genetic defects, infection in the womb, trauma during delivery, environmental effects on fetuses within the uterus, as well as the medication that the mother takes. They can cause long-term disability, which have a negative impact on people as well as their families, the health care system and society. They contribute to the high mortality of neonates and children under five.

Neural tube defects and chromosomal diseases, such as Down syndrome, are the most common causes of severe congenital disorders in children. Certain congenital disorders are more common in certain ethnic groups, maternal age and consanguinity (parents descend from the same kinship). Others are caused by a natural process or are linked to environmental or pharmacological factors. The extent of the congenital impairment the organs or body parts it affects, as well as how much it interferes in daily life, will determine whether someone is considered disabled.

Medical Expenses

Families with children who have severe birth defects are faced with massive medical costs. The cost of therapy, surgery and ongoing treatment for the condition and its repercussions are often enormous. The emotional strain of raising an physically impaired child can be very hard on families. An attorney with experience in birth defect cases can help victims get the money they are entitled to.

Many congenital and genetic diseases can be prevented or treated in the uterus. Unfortunately, doctors often make mistakes in diagnosing or failing to inform parents about test and screening results which may lead to the discovery of a birth defect. In these cases parents may be able to make a claim for unjustified death against the medical provider.

It can be difficult to prove that a mistake made by a doctor resulted in a congenital problem but a skilled Pompano Beach personal injury lawyer can evaluate the evidence to determine if your claim is valid. Contact an attorney as soon as possible to discuss your case. You have two years to file a claim once you have discovered or should have discovered the injury.

Lost Wages

A child born with birth defects requires extensive medical treatment, which could cost millions of dollars over their lifetime. This financial burden shouldn't be imposed on families that didn't cause the problem. A knowledgeable and sympathetic Pompano Beach injury lawyer can help parents consider their legal options.

Our lawyers are well-trained in medical malpractice claims and always put the client's best interests first. They will examine all circumstances that led to your baby's birth defect to determine the medical professionals who assisted in the birth of your child were responsible.

A successful claim could include reimbursement for medical expenses such as hospitalizations, surgeries, prolonged treatments, and medications. It could also include the loss of earnings for parents who need to miss work to care for their children, a percentage of future earnings lost and punitive damages if the drug manufacturer showed a blatant disregard for patient safety. Contact us today to discuss your options.

Damages

Your family will need monetary compensation for medical expenses, lost income and other expenses regardless whether your child has an injury that is mild or severe. To support your claim, you will need to collect documents such as bills, receipts, and credit card payments. If you have more evidence to provide, the more likely your claim will be greater.

Most birth defects are genetic and cannot be prevented. However, there are some that are related to environmental factors or medication. A doctor who prescribes a medication to a mother, which increases her chance of developing a birth defect could be held accountable for negligent.

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