How to File a Birth Defect Claim

Parents who discover that their child has a disability that is congenital should contact an experienced Pompano Beach birth defect lawyer immediately. Contrary to other medical malpractice claims a birth injury lawsuit has an extremely short time limit.

Furthermore, a lot of birth defects or injuries could have been prevented. Thus, victims should be compensated.

Statute of limitations

In the United States the statutes vary from one state to the next. Legal claims must be filed within this time frame otherwise the person who was injured may not be able claim damages. A medical malpractice attorney can help ensure the birth injury lawsuit is filed within the state's statute of limitations.

In some instances an injury could take an extended time to manifest physically or develop. In these instances, it can be difficult to determine when the statute of limitation was set or when a lawsuit ought to have been filed. A skilled and sympathetic medical malpractice attorney can help you determine if a birth defect lawsuit can be filed before your state's statute of limitation expires.

The first step is to determine the birth defect and connect it to the medical professionals who treated your child. In this process, records of bills or receipts as well as credit card records will be crucial. Attorneys can also gather evidence through discovery which is a method of sharing information between parties. This could include taking depositions of doctors, nurses, and hospital staff.

Congenital Disabilities

Congenital disabilities are structural defects present at birth and can influence how the body appears or performs. From mild to severe they can affect the body in many ways. Some are more obvious than others, like cleft lips or palates, while others are more difficult to recognize.

Congenital disorders may be caused due to chromosomal or genetic defects such as infection in the womb, trauma during delivery, environmental effects on fetuses within the uterus, or medications used by the mother. They can cause long-term disability and have a negative impact on people, their families, the health care system, and society. They contribute to the burden of infant and child mortality.

Neural tube defects as well as chromosomal disorders like Down syndrome, are the most common causes of severe congenital disabilities in children. Certain congenital disorders are more prevalent in certain ethnic groups mothers who are of a certain age and parents that descend from the same lineage. Other congenital conditions are caused by environmental or pharmacological influences. Whether a person with a congenital handicap is disabled is determined by the severity of the condition and what organ or body part it affects, as well as how much it interferes with daily activities.

Medical expenses

Families with children who have severe birth defect lawsuit defects are faced with enormous medical costs. These include the cost of a lifetime of treatment or surgery, as well as therapy for the condition and its negative side effects. The stress of raising a physically impaired child can also be a burden on families. A skilled lawyer who is familiar with birth defect cases can help victims obtain the compensation they deserve for their loss.

A variety of genetic and congenital disorders can be treated or prevented in utero. Doctors often misdiagnose or fail to inform their parents of screening and test results that could have resulted in the identification of birth defects. In these instances, parents can seek compensation for Birth Defect lawsuit an unjustified death against the medical provider.

It's difficult to prove a doctor's mistake caused a congenital disorder however, a seasoned Pompano Beach personal injury lawyer can evaluate the evidence to determine if the claim is a possibility. Contact a lawyer immediately to discuss your case. You have two years to file a claim once you discover or should have discovered the injury.

Lost Wages

A child born with birth defects will require extensive medical care which could cost millions of dollars throughout their lives. This financial burden shouldn't fall on families who didn't cause the condition. A Pompano Beach injury attorney who is qualified and sympathetic can assist parents in exploring legal options.

Our lawyers are well-trained in medical malpractice cases and always place the client's best interests first. They will explore all of the circumstances surrounding the birth defect in your child and determine if any medical professionals involved in the birth of your child should have been held to account.

A successful claim may include the reimbursement of medical expenses like hospitalizations and procedures, long-term treatments and prescriptions. It could also include lost earnings for parents who need to take time off to care for their children, a portion of future earnings lost and punitive damages when the manufacturer of the medication displayed an unintentional disregard for patient safety. Contact us today to discuss your options.

Damages

If your child is suffering from an acute or mild birth defect, your family needs monetary compensation to cover medical bills, loss in income and other costs. You'll need documents, like payment receipts from credit cards, and bills, to establish your claim. The more documents you can provide more information, the better your claim will be.

The majority of birth defects are genetic in nature and cannot be prevented. However, some are caused by external factors or medications. For instance, a doctor prescribing a drug to the mother that increases the chance of having a birth defect could be held accountable for negligence.

The birth of a child with an injury to their birth or a birth defect can be a devastating experience for parents and families. But with the help of a Pompano Beach birth defect lawyer to pursue justice for your family and ensure that negligent doctors are accountable. Menzer Law can help you navigate the medical malpractice claims process. They will guide you through each step and ensure that your claim is filed successfully. Call now to learn more about how they can assist you.