How to File a Birth Defect Claim

Parents who discover that their child suffers from an abnormality that is congenital should contact a Pompano Beach birth defect lawyer immediately. In contrast to other medical malpractice lawsuits, birth injury lawsuits have an extremely short time limit.

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

Statute of limitations

In the United States the statutes vary between states. A legal claim must be filed within the timeframe otherwise the person who was injured may not be able to recover damages. A medical malpractice lawyer can help ensure a birth injury lawsuit is filed within your state's statute of limitations.

In certain cases it can take a long time for an injury to manifest physically or in a developmental way. In these cases, it is often difficult to determine when the statute of limitations was first triggered or when it was the right time to file. A skilled and sympathetic medical malpractice attorney will help you determine if the birth defect lawsuit could be filed before your state's statute of limitations expires.

The first step is to identify the birth defect and link it to the medical specialists who treated your child. Bills, receipts as well as credit card records and other records of medical treatments will be crucial in this process. Attorneys can also gather evidence through discovery that is the process of transferring information between parties. This could involve taking depositions of nurses, doctors, and hospital staff.

Congenital Disabilities

Congenital disabilities are structural defects present at birth and can influence how the body appears or functions. Mild to severe they can impact the body in various ways. Some are more visible than others, like lip or palate clefts, while others are more difficult to recognize.

Congenital disorders can be caused by genetic or other chromosomal anomalies. They may also be caused due to infection during the birth process or trauma, environmental influences and medications taken by mothers. They can cause long-term disabilities, which have a negative impact on individuals and their families, as well as the health care system and the society. They contribute to the high mortality of neonates and children under five.

Neural tube defects and chromosomal disorders like Down syndrome, are the most common causes of severe congenital disorders in children. Some congenital disorders are more prevalent among certain ethnic groups as well as mothers of an aforementioned age, and parents who descend from the same lineage. Other conditions are triggered by nature or are related to pharmacological or environmental factors. The severity of the congenital disability, which organs or body parts it affects, as as the extent to which it impacts with daily activities, will determine whether an individual is considered disabled.

Medical expense

Families who have children with severe birth defects are confronted with huge medical expenses. The costs of surgery, therapy and long-term treatment for the condition, as well as the side effects that accompany it can be a huge burden. The emotional strain of raising a physically impaired child can be very hard on families. A knowledgeable lawyer who has experience in birth defect cases can help victims receive the compensation they deserve for their loss.

Many genetic and congenital diseases can be prevented or treated in the uterus. Unfortunately, doctors often do not recognize or inform parents about test and screening results which may lead to the discovery of a birth defect. In these cases, the parents may bring a wrongful death claim against the medical provider.

Although it can be difficult to prove that a mistake by a doctor caused a congenital handicap An experienced Pompano Beach injury attorney can evaluate the evidence and determine if a claim can be feasible. Contact an attorney as soon as possible to discuss your case. You have two years from the date you first discovered or had knowledge of the injury to submit a claim.

Lost Wages

A child born with an anomaly in the birth will likely require extensive medical treatment which can cost a lot over their lives. It's unfair that this financial burden be imposed on families that didn't cause the condition. A qualified and empathetic Pompano Beach injury lawyer can help parents explore their legal options.

Our lawyers are well-trained in medical malpractice claims and always ensure that the best interests of the client are first. They will examine all of the causes of your child's birth defect and identify whether any medical professionals involved in your child's delivery should have been held accountable.

A successful claim could include compensation for medical expenses, such as hospitalizations, surgeries, extended treatment and medications. Parents who have to take time off to take care of their children may also be entitled to compensation for lost wages, a portion of future lost earnings, or punitive damages if a drug manufacturer did not take the proper precautions to ensure the safety of patients. Contact us today to discuss your options without obligation.

Damages

Your family will need monetary compensation for medical expenses, lost income and other expenses regardless of whether your child has a mild or severe defect. To help prove your claim, you need to gather documents, such as receipts, bills and credit card payment. The more you can provide the more evidence, the greater your payout.

Most north bend birth defect lawyer defects are genetic and are not preventable. However, some are related to environmental factors or medication. For instance, a doctor prescribing a medicine to the mother that increases the risk of a birth defect can be held accountable for negligence.

A child born with an injury or defect at birth could be a devastating experience for parents and their 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 are held accountable. The team at Menzer Law understands the difficulties of a medical malpractice claim and will guide you through each step of the process to ensure your claim is successful. Schedule a consultation now to learn more about how they can help you.