How to File a Birth Defect Claim

Parents who find out that their child has a congenital disability should contact an experienced Pompano Beach birth defect lawyer immediately. A birth injury lawsuit is limited to a shorter duration of limitations than other medical malpractice claims.

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

Statute of Limitations

In the United States, the statutes of limitations differ from state to state. The injured party may be barred from recovering damages when a legal claim is not filed within the specified time frame. 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 some cases it can take a long time for an injury to manifest physically or in a developmental way. In these instances, it is often difficult to determine when the statute of limitations first began or when it should have been filed. A skilled and sympathetic medical malpractice lawyer can help you determine whether an action for birth defects can be filed before your state's statute of limitations expires.

The first step is to identify the birth defect and connect it to the medical experts who treated your child. In this process, bills as well as receipts and credit card records are crucial. Attorneys can also collect evidence through discovery that is the process of exchanging information between two parties. This can include taking depositions of nurses, doctors and hospital personnel.

Congenital Disabilities

Congenital disabilities are structural issues that affect the way the body appears and 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 identify.

Congenital conditions can be caused by genetic or other chromosomal issues. They can be caused by infections during the birth process, trauma, environmental influences and medications taken by mothers. They can result in long-term disabilities and negative impact on the individual, their families, the health care system and society. They contribute to the high mortality of infants and children aged less than 5.

Neural tube defects as well as chromosomal disorders, such as Down syndrome, are the most prevalent causes of severe congenital disabilities in children. Some congenital disorders are more prevalent in certain ethnic groups as well as mothers of an age group and parents that descend from the same lineage. Some are unintentionally occurring or birth defects linked to environmental or pharmacological factors. The degree of the congenital disability, which organs or body parts it affects, as well as the degree to which it affects with daily activities will determine if an individual is considered disabled.

Medical expense

Families with children who have severe birth defects face enormous medical expenses. The cost of surgeries, therapy and ongoing treatment for the condition, as well as its associated effects are often enormous. The emotional stress of raising a physically impaired child can also take its toll on families. An experienced lawyer who has handled birth defect cases can help victims get the compensation they deserved.

A number of genetic and congenital disorders are treatable or preventable utero. Unfortunately, doctors may misdiagnose or fail to inform parents of test and screening results that could lead to the discovery of birth defects. In these instances, parents could file a wrongful life claim against the medical professional.

It isn't easy to prove that a medical error caused a congenital handicap, an experienced Pompano Beach injury lawyer can evaluate 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 were notified or had knowledge of the injury to make a claim.

Lost Wages

A child born with birth defects will require extensive medical treatment that could cost millions of dollars in their lifetime. This cost shouldn't fall on families who didn't cause the problem. A Pompano Beach injury lawyer who is experienced and compassionate can assist parents in exploring legal options.

Our lawyers are highly trained in medical malpractice claims and always ensure that the best interests of the client are first. They will explore all of the circumstances surrounding the birth defect in your child and determine whether any medical professionals involved in the birth of your child should have been held accountable.

A successful case could result in the reimbursement of medical expenses such as hospitalizations and surgeries, extended treatments, and prescriptions. It may also cover lost wages for parents who have to to care for their children, a percentage of future earnings lost and punitive damages in cases where the drug manufacturer displayed an unintentional disregard for patient safety. Contact us today to discuss your options.

Damages

Your family will require financial compensation for medical bills, lost income, and other expenses, regardless whether your child has a mild or severe defect. You will need to gather documents, including credit card payments, receipts and bills, to support your claim. The more evidence you can provide, the greater your payout will be higher.

The majority of birth defect lawsuit defects result from genetic causes and cannot be prevented by doctors. However, some birth defects are related to the environment or medications. For instance, a doctor prescribing a medicine to the mother that increases the chance of having a birth defect can be held accountable for Birth defects negligence.

Having a baby with an injury to their birth or a birth defect can be a devastating experience for families and parents. With the assistance 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 to navigate the medical malpractice claims process. They will guide you through each step and ensure that your claim is submitted successfully. To find out more, set up a consultation to find out how they can assist you.