How to File a Birth Defect Claim

Parents who discover that their child has a congenital disability should consult an experienced Pompano Beach birth defect lawyer right away. A birth injury lawsuit is subject to a shorter time limit of limitations than other medical malpractice lawsuits.

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

Statute of Limitations

In the United States, the statutes of limitations vary from state to state. Legal claims must be filed within the timeframe otherwise the person who was injured may not be able to claim damages. A medical malpractice attorney will help ensure that a birth defect settlement injury lawsuit is filed within the state's statute of limitations.

In some instances, an injury may take an extended time to manifest physically or develop. In these cases it may be difficult to determine the date when the statute of limitations began or when a case should have been filed. A medical malpractice lawyer who is knowledgeable and compassionate can help determine if a lawsuit involving birth defects can be filed before the statute of limitations runs out in your state.

The first step is to determine the birth defect case defect and link it to the medical experts who treated your child. In this process, medical bills or receipts as well as credit card records will be vital. Attorneys can also collect evidence through discovery which is the process of sharing information between parties. This includes taking depositions of nurses, doctors and hospital staff.

Congenital Disabilities

Congenital disorders are structural flaws that affect how the body appears and functions. From mild to serious they can affect the body in many ways. Some are more noticeable than others, for instance cleft lips and palates, whereas others are harder to spot.

Congenital conditions can be caused by genetic or other chromosomal disorders. They can also be caused by infection during the birth process or trauma, environmental influences as well as medications taken by mothers. They cause long-term disabilities, which affects individuals, families, health care systems and societies. They contribute to the burden of neonatal and under-5 mortality.

The leading causes of severe congenital disability in children are neural tube defects as well as chromosomal issues, such as Down syndrome. Certain congenital diseases are more prevalent in certain ethnic groups, Birth Defect Claim as well as maternal age and consanguinity (parents descend from the same kinship). Other congenital disorders are caused by environmental or pharmacological influences. The degree of the congenital disability as well as the organs and body parts it affects, as well as how much it interferes in daily activities, will determine whether an individual is considered disabled.

Medical Expenses

Families with children who suffer from severe birth defects are faced with huge medical expenses. This includes the cost of a lifetime of treatment or surgery, birth defect claim as well as therapy for the condition and its side effects. The stress of raising a physically impaired child can also be a burden on families. A skilled lawyer who is experienced in birth defect cases can help victims receive the compensation that they are entitled to for their losses.

Many congenital and genetic diseases can be prevented or treated in utero. Doctors sometimes misdiagnose conditions or fail to inform their parents of screening and tests that may have resulted in the identification of birth defects. In these instances, parents could make a claim for wrongful life against the medical provider.

While it is difficult to prove that the error of a doctor led to a congenital disability, a seasoned Pompano Beach injury lawyer will evaluate the evidence to determine whether a claim is viable. Contact a lawyer as soon as possible to discuss your case. You have two years to file a claim after you discover or should have discovered the injury.

Lost Wages

A child born with a birth defect could require extensive medical treatment that could cost millions throughout their lives. This financial burden shouldn't fall on families that didn't contribute to the problem. A skilled and understanding Pompano Beach injury lawyer can assist parents in exploring their 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 examine all circumstances concerning the birth defect of your baby to determine whether any medical professionals who were involved in the birth defect legal of your child were accountable.

A successful case could result in the reimbursement of medical expenses such as hospitalizations, surgeries, extended treatment and medications. It may also cover lost earnings for parents who have to to take care of their children, a portion of future lost earnings and punitive damages in cases where the manufacturer of the medication displayed an unflinching disregard for the patient's safety. Contact us today to discuss your options.

Damages

Whether your child suffers from an unintentional or severe birth issue, your family may require an amount of money to cover medical bills, loss of income and other expenses. You will need to gather documents, including credit card transactions, receipts and bills, to prove your claim. The more evidence you can offer, the higher your award.

The majority of birth defect claim defects are genetic in nature and cannot be avoided. Certain birth defects are caused by environmental factors or drugs. For instance, a doctor prescribing a medication to a mother that increases the chance of having a birth defect can be held accountable for negligence.

A baby born with an injury to their birth or a birth defect can be devastating for parents and families. With the help of a Pompano Beach lawyer for birth defects, you can seek justice for your family. You can also ensure that negligent doctors will be held accountable. The team at Menzer Law understands the difficulties of a medical negligence claim and can guide you through each step to make sure your claim is filed successfully. To learn more, book an appointment with them to learn how they can help you.