How to File a Birth Defect Claim

Parents who discover that their child is suffering from a congenital handicap should seek out an experienced Pompano Beach birth defect lawyer as soon as possible. A birth injury lawsuit is subject to a shorter time limit of limitations than other medical malpractice lawsuits.

In addition, many birth injuries and birth defects could have been avoided. Therefore, victims require compensation.

Statute of limitations

In the United States the statutes vary from state to state. Legal claims must be filed within this period or the injured party may not be able to recover damages. A medical malpractice lawyer can assist in ensuring that a birth injury lawsuit is filed within your state's statute of limitations.

In some cases it takes time for an injury to manifest itself physically or develop. In these instances it can be a challenge to determine the date when the statute of limitation began or when a suit ought to have been filed. A skilled and sympathetic medical malpractice attorney will help you determine if an action for birth defects can be filed before the state's statute of limitations expires.

The first step in identifying the birth defect is to connect it to the medical professionals that treated your child. The receipts, bills credit card information and other documentation of medical treatment are important in this process. Attorneys can also gather evidence through discovery which is a method of exchanging information between two parties. This includes taking depositions of nurses, doctors and hospital staff.

Congenital Disabilities

Congenital disabilities are structural issues that are present at birth and influence how the body appears or works. They can range from mild to severe. Some are more obvious than others, such as cleft lips and palates, whereas others are harder to detect.

Congenital disorders can be caused due to chromosomal or genetic defects and infections in the womb, trauma during delivery, environmental influences on fetuses in the uterus, as well as the medication that the mother takes. They can cause long-term disability and negative effect on individuals and their families, the health care system and the wider society. They contribute to the high mortality of infants and children aged less than 5.

The most common causes of severe congenital disability in children are neural tube defects as well as chromosomal issues like Down syndrome. Certain congenital diseases are more prevalent in certain ethnic groups mothers who are of a certain age and parents that descend from the same lineage. Other congenital ailments are caused by pharmacological or environmental influences. Whether a person with a congenital disability is considered disabled is contingent on how severe the condition is and the body part it affects, and the extent to which it affects daily activities.

Medical expense

Families with children who suffer from severe birth defects face enormous medical costs. The costs of surgery, therapy and long-term treatment for the condition and the side effects that accompany it can be a huge burden. Families can also be affected by the emotional stress of raising a child suffering from physical disabilities. A knowledgeable lawyer who is familiar with birth defect cases can help victims receive the compensation they are entitled to for their losses.

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

It can be difficult to prove that a medical error caused a congenital condition, but an experienced Pompano Beach personal injury lawyer can evaluate the evidence to determine whether a claim is viable. Contact an attorney as soon as possible to discuss your case. You have two years to file a claim once you've discovered or should have discovered the injury.

Lost Wages

A child born with birth defects will require extensive medical care which could cost thousands of dollars throughout their lives. It's unfair that this financial burden be imposed on families that didn't cause the condition. A skilled and understanding Pompano Beach injury lawyer can help parents explore their legal options.

Our lawyers are highly trained in medical malpractice claims and always consider the best interests of the client first. They will look into all circumstances concerning the birth defect of your baby to determine whether any medical professionals involved with your child's delivery were responsible.

A successful claim could include compensation for medical costs like hospitalizations and surgeries, extended treatments, and medications. It may also cover lost wages for parents that have to miss to care for their children, a portion of the future loss of earnings and punitive damages in cases where the drug manufacturer displayed an unflinching disregard for the patient's safety. Contact us now to discuss your options with no obligation.

Damages

If your child has an unintentional or severe birth defect, your family will require an amount of money to cover medical expenses, loss of income and other expenses. To help prove your claim, you need to gather evidence such as bills, receipts and credit card transactions. The more evidence you can provide, the more likely your claim will be higher.

The majority of birth defects result from genetic causes and cannot be prevented by physicians. However, some birth defects are linked to environmental factors or medication. A doctor who prescribes a medication to a mother who increases the chance of her having an ailment during birth could be held responsible for negligence.

The birth of a child with a birth injury or a birth defect can be devastating 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 will be held accountable. The team at Menzer Law understands the difficulties of a medical malpractice claim and can guide you through each step to ensure your claim is successful. To learn more, schedule a consultation to find out what they can do to help you.