How to File a Birth Defect Claim

Parents who find out that their child has a congenital defect should contact a Pompano Beach birth defects lawyer right away. A birth injury lawsuit is limited to a shorter duration of limitations than other medical malpractice claims.

Additionally, a lot of birth defects and injuries could have been prevented. Therefore, victims require compensation.

Statute of Limitations

In the United States the statutes vary from state to state. The victim may be unable to recover damages when a legal claim is not filed within the stipulated time frame. A medical malpractice lawyer can assist in ensuring a birth injury lawsuit is filed within your state's statute of limitations.

In some instances, an injury may take a long time to manifest physically or develop. In these instances, it is often difficult to determine when the statute of limitations began or when it was the right time to file. A skilled and empathetic medical malpractice lawyer can help you determine whether an action for birth defects can be filed before the state's statutes of limitations expire.

The first step is to identify the birth defect and connect it to the medical specialists who treated your child. In this process, bills or receipts as well as credit card records will be crucial. Attorneys can also collect evidence through discovery which is a method of exchanging information between parties. This may 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. They can range from mild to severe. Some are more visible than others, such as the cleft palate or lips and others are more difficult to identify.

Congenital disorders can be caused due to chromosomal or genetic defects or infections in the womb, injuries during birth, environmental influences on fetuses inside the uterus, or medications used by the mother. They cause long-term disabilities, which takes a toll on families, individuals as well as health systems and societies. They contribute to the burden of infant mortality and neonatal deaths.

Neural tube defects and chromosomal problems, such as Down syndrome, are among the leading causes of severe congenital disabilities in children. Certain congenital diseases are more prevalent among certain ethnic groups, mothers of a certain age, and parents who descend from the same lineage. Other congenital conditions are caused by environmental or pharmacological influences. The severity of the congenital disability as well as the organs and body parts it affects, as as the degree to which it affects in daily life will determine if a person is considered disabled.

Medical Costs

Families with children who suffer from severe birth defects face enormous medical costs. The cost of therapy, surgery and lifelong treatment for the condition and its repercussions can be enormous. The emotional stress of caring for physically impaired children can take its toll on families. A skilled lawyer who is familiar with birth defect cases can assist victims receive the compensation they are entitled to for their loss.

Many congenital and genetic disorders can be treated or prevented in utero. Unfortunately, doctors may misdiagnose or fail to inform parents about test and screening results which may lead to the discovery of birth defects. In these instances, parents may pursue a wrongful-life claim against the medical provider.

It can be difficult to prove that a medical error caused a congenital disorder however an experienced Pompano Beach personal injury lawyer can evaluate the evidence to determine if the claim is a possibility. Contact an attorney right away to discuss your case. You have two years to file a claim if you have discovered 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 in their lifetime. It is unfair that this financial burden should be borne by families who did not cause the condition. A knowledgeable and sympathetic Pompano Beach injury lawyer can help parents explore their legal options.

Our solicitors are expertly trained in medical negligence cases and place the best interests of their clients at the core of their work. They will examine all circumstances concerning the birth defect lawsuits defect of your baby to determine whether any medical professionals involved with your child's delivery were responsible.

A successful claim may include reimbursement for medical expenses such as hospitalizations and surgeries, extended treatments, and prescriptions. Parents who are forced to take time off work to care for their child may also be entitled to lost earnings, a portion of future earnings loss or punitive damages if a drug manufacturer did not take the proper precautions to ensure patient safety. Contact us now to discuss your options with no obligation.

Damages

Your family will require monetary compensation for medical bills, lost income, and other expenses, regardless of whether your child suffers from a serious or mild defect. You will need to gather documents, such as credit card payments, receipts and bills, to establish your claim. If you have more evidence to provide, your award will be greater.

Most birth defects result from genetic causes and cannot be prevented by physicians. However, some birth defects are caused by external factors or medications. A doctor who prescribes a medicine to a mother who increases her chances of having a birth defect may be held accountable for negligence.

Having a baby with injuries to the birth or birth defect can be a devastating experience for parents and families. 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. Menzer Law can help you navigate the medical malpractice claims process. They will guide you through each step and ensure that your claim is successfully filed. To learn more, schedule an appointment with them to learn how they can help.