How to File a Birth Defect Claim

Parents who discover that their child suffers from a congenital disability should seek out an experienced Pompano Beach birth defect lawyer as soon as possible. Contrary to other medical malpractice claims a birth injury lawsuit is subject to the benefit of a shorter statute of limitations.

In addition, many birth problems and injuries could have been avoided. Victims deserve compensation.

Statute of limitations

In the United States, the statutes of limitations vary from state to state. A legal claim must be filed within this period or the victim may not be able to recover damages. A medical malpractice lawyer can ensure that a suit for birth injuries is filed within the time limit set by the statute of limitations in your state.

In certain cases, an injury may take a long time to manifest physically or develop. In these instances it can be difficult to determine when the statute of limitations first began or when it should have been filed. A medical malpractice lawyer who is skilled and compassionate can assist you determine if a suit for birth defects can be filed before the statute of limitations runs out in your state.

The first step is to identify the birth defect and connect it to the medical specialists who treated your child. The receipts, bills credit card records, and other records of medical treatment are important in this process. Attorneys can also gather evidence through discovery which is the process of exchanging information between parties. This may include taking depositions of nurses, doctors, and hospital staff.

Congenital Disabilities

Congenital disabilities are structural issues present at birth that can affect how the body looks or works. From mild to severe they can alter the body's appearance in many ways. Some are more noticeable than others, like lip or palate clefts, while others are harder to detect.

Congenital conditions can be caused by genetic or other chromosomal issues. They may also be caused due to infection in the womb during delivery or trauma, environmental influences, and medication taken by mothers. They cause long-term disability, which affects families, individuals, health care systems and societies. They are a major cause of mortality among infants and children under 5.

The most frequent causes of congenital disabilities in children are neural tube defects and chromosomal conditions, such as Down syndrome. Certain congenital disorders are more common among certain ethnic groups as well as mothers of the same age and parents who descend from the same lineage. Others are caused by a natural process or are caused by pharmacological or environmental factors. The degree of the congenital disability, which organs or body parts it affects, as well as how much it interferes in daily activities will determine if someone is considered disabled.

Medical Expenses

Families who have children with severe birth defects are faced with huge medical expenses. These include the cost of lifelong treatment or surgery, as well as therapy for the condition as well as its negative side effects. The stress of caring for a child with physical impairment can also take its toll on families. A lawyer with experience in birth defect cases can help victims get the money they are entitled to.

A variety of congenital and genetic disorders are treatable or preventable in the uterus. Unfortunately, doctors sometimes do not recognize or inform parents of test results and screening results that could lead to discovery of an anomaly in the birth. In these cases, the parents could make a claim for wrongful life against the medical professional.

It's difficult to prove a doctor's mistake caused a congenital condition but a skilled Pompano Beach personal injury lawyer will evaluate the evidence to determine whether a claim is viable. Contact an attorney immediately to discuss your case. You have two years from the time you discovered or should have been aware of the injury to claim compensation.

Lost Wages

A child born with a birth defect will likely require a lot of medical attention, that could cost millions over their lives. This financial burden shouldn't be imposed on families who didn't cause the condition. A qualified and empathetic Pompano Beach injury lawyer can assist parents in exploring their legal options.

Our solicitors are well-trained in medical negligence cases and put the best interests of their clients at the forefront of everything they do. They will examine all circumstances that led to your baby's birth defect to determine the medical professionals who assisted with your child's delivery were accountable.

A successful case could result in compensation for medical expenses such as surgery, hospitalization, treatment and medications. It could also include lost earnings for parents who need to leave to care for their children, a portion of future lost earnings, and punitive damages if the drug manufacturer showed an utter disregard for patient safety. Contact us today to discuss your options.

Damages

Your family will need monetary compensation for medical expenses, lost income and other expenses regardless whether your child has a serious or mild defect. You will need to gather documents, such as credit card transactions, receipts and bills, to establish your claim. The more evidence you are able to provide, the greater your payout will be greater.

The majority of birth problems are genetic and cannot be cured. Certain birth defects are caused by environmental factors or drugs. For instance, a physician prescribing a drug to the mother that increases the risk of a birth defect could be held accountable for negligence.

A child born with an injury or defect in the birth can be devastating to parents and their families. However, with the assistance of a Pompano Beach birth defect lawyer who can help you seek justice for your family and ensure that negligent doctors are held accountable. The team at Menzer Law understands the difficulties of a medical negligence claim and can guide you through each step to ensure you file your claim in a timely manner. To learn more, schedule an appointment to discuss how they can help.