How to File a Birth Defect Claim

Parents who find out that their child has a disability that is congenital must contact a seasoned Pompano Beach birth defect lawyer right away. Unlike some other medical malpractice claims, a birth injury lawsuit is subject to the benefit of a shorter statute of limitations.

Moreover, many birth defects or injuries could have been prevented. Victims deserve compensation.

Statute of limitations

In the United States the statutes vary from one state to another. The party who was injured could be barred from pursuing damages if a legal claim is not filed within a specified timeframe. A medical malpractice attorney can assist in ensuring a birth injury lawsuit is filed within the state's statute of limitations.

In some cases it can take a long time for an injury to manifest itself physically or in a developmental way. In these cases it can be a challenge to determine the date when the statute of limitation began or when a case should have been filed. A skilled and empathetic medical malpractice lawyer will help you determine if the birth defect lawsuit could be filed before your state's statute of limitations runs out.

The first step to identify the birth defect is to connect it with the medical professionals that treated your child. In this process, records of bills receipts, receipts, and credit card records will be crucial. Attorneys can also gather evidence through discovery which is the process of transferring information between parties. This may include taking depositions from nurses, doctors and hospital staff.

Congenital Disabilities

Congenital disorders are structural flaws present at birth that can influence how the body appears or functions. From mild to serious they can alter the body's appearance in many ways. Some are more obvious than others, like the cleft palate or lips, while others are more difficult to recognize.

Congenital disorders can be triggered by chromosomal or genetic abnormalities, infection in the womb, trauma during delivery, environmental influences on fetuses within the uterus, or medications that the mother takes. They can result in long-term disabilities and negative effect on individuals as well as their families, the health system, and the wider society. They contribute to the high burden of mortality among infants and children under 5.

Neural tube defects and chromosomal disorders like Down syndrome, are the most common 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 who descend from the same lineage. Others occur spontaneously or are connected to pharmacological or environment factors. The extent of the congenital impairment and the organs or body parts it affects, as as how much it hinders with daily activities will determine if the person is disabled.

Medical Expenses

Parents of children with severe birth defects are faced with huge medical expenses. This includes the cost of permanent treatment and therapy, as well as surgery for the condition as well as its negative side effects. The stress of raising a child with physical impairment can be very hard on families. A lawyer with experience in birth defect law firm defect cases can help victims receive the compensation they are entitled to.

Many genetic and congenital diseases can be prevented or treated in the uterus. Doctors can misdiagnose certain conditions or fail to inform parents of screening or tests that may have led to the discovery of birth defects. In these instances, parents can file a claim for wrongfully dying against the medical professional.

It can be difficult to prove that a medical error resulted in a congenital problem, but an experienced Pompano Beach personal injury lawyer can assess the evidence to determine if a claim is viable. Get in touch with a lawyer today to discuss your case. You have two years to file a claim once you discover or discovered the injury.

Lost Wages

A child born with birth defects requires extensive medical treatment, which could cost millions of dollars over their lives. It is unfair that this financial burden should be borne by families that didn't cause the condition. A knowledgeable and sympathetic Pompano Beach injury lawyer can help parents consider their legal options.

Our solicitors are well-trained in medical negligence claims and place the best interests of their clients at the forefront of everything they do. They will look into all circumstances surrounding your baby's birth defect to determine if any medical professionals involved in the birth of your child were responsible.

A successful case could result in the reimbursement of medical expenses such as hospitalizations, surgeries and extended treatment and medication. It could also include the loss of earnings for parents who need to work to care for their children, a percentage of the future loss of earnings and punitive damages where the manufacturer of the medication displayed a blatant disregard for patient safety. Contact us today to discuss your options.

Damages

Your family may require financial compensation for medical bills, lost income, and other expenses, regardless whether your child has an injury that is mild or severe. You'll need documents, including credit card transactions, receipts and bills, to establish your claim. The more information you are able to provide, the higher your award.

Most birth defects are genetic in nature and cannot be avoided. Some birth defects are caused by environmental factors or medications. For instance, a physician prescribing a medication to a mother that increases the chance of having a birth defect can be held liable for negligence.

A child born with a birth defect or injury can be devastating for parents and their families. 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 held accountable. The team at Menzer Law understands the difficulties of a medical malpractice lawsuit and can guide you through each step to ensure your claim is filed successfully. Set up a consultation today to learn more about how they can help you.