How to File a Birth Defect Claim

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

Additionally, many birth defects or injuries could have been prevented. Thus, victims should be compensated.

Statute of Limitations

In the United States the statutes vary from state to state. A legal claim must be filed within this period or the victim may not be able to recover damages. An attorney for medical malpractice will help ensure that the birth injury lawsuit is filed within your state's statute of limitations.

In some instances it can take a long time for an injury to manifest itself physically or developmentally. In these instances it can be a challenge to determine the date when the statute of limitation was set or when a lawsuit ought to have been filed. A medical malpractice lawyer who is skilled and compassionate can help determine if a claim for birth defects is possible before the statute of limitations expires in your state.

The first step is identifying the birth defect and link it to the medical specialists who treated your child. Receptions, bills credit card records, as well as other documentation of medical treatment will be important in this process. Attorneys can also gather information through discovery, a procedure which involves sharing information with other parties. This may include taking depositions of nurses, doctors, and hospital staff.

Congenital Disabilities

Congenital disabilities are structural problems which can affect how the body appears and functions. Mild to severe they can alter the body's appearance in many ways. Some are more obvious than others, like mouth or palate clefts some are harder to detect.

Congenital disorders can be caused by genetic or other chromosomal issues. They may also be caused by infection in the womb during delivery or trauma, environmental influences as well as medications taken by mothers. They can lead to long-term disabilities that have a negative impact on people, their families, the health system, and the wider society. They contribute to the high mortality of newborns and children less than five.

Neural tube defects and chromosomal disorders like Down syndrome, are the most common causes of severe congenital disabilities in children. Certain congenital disorders are more prevalent among certain ethnic groups, mothers who are of an age group and parents who descend from the same lineage. Other congenital diseases are caused by environmental or pharmacological influences. If a person who has a congenital disability is disabled is determined by the severity of the condition and what organ or body component it affects, and the extent to which it affects daily life.

Medical Costs

Families who have children with severe birth defects are faced with enormous medical costs. The cost of surgeries, therapy and long-term treatment for the condition, as well as its repercussions can be enormous. Families can also be impacted by the emotional strain of raising a child who has a physical disability. An experienced lawyer who has handled birth defect cases will help victims receive the compensation they are due.

Many genetic and congenital diseases can be treated or prevented in utero. Unfortunately, doctors sometimes do not recognize or inform parents of test results and screening results that could lead to the discovery of birth defects. In these instances, parents could pursue a wrongful-life claim against the medical provider.

While it is difficult to prove that the error of a doctor caused a congenital disorder, a seasoned Pompano Beach injury attorney can review the evidence and determine if a claim can be feasible. Get in touch with a lawyer today 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 a birth defect is likely to require a lot of medical attention, which could cost millions over the course of their lifetime. It's unfair that this financial burden be borne by families who have no responsibility for the condition. A skilled and understanding Pompano Beach injury lawyer can assist parents in exploring their legal options.

Our solicitors have been trained in medical negligence cases and put the best interests of their clients at the heart of everything they do. They will look into all the factors that led to the birth defect of your child and determine if any medical professionals involved in the delivery of your child should have been held accountable.

A successful case could result in compensation for medical expenses, such as hospitalizations, surgeries and extended treatment and medication. Parents who are forced to take time off work to care for their child may also be entitled to lost wages, a portion of future lost earnings or punitive damages if the manufacturer of the medication displayed a blatant disregard for patient safety. Contact us today to discuss your options.

Damages

Whether your child suffers from a severe or mild birth defect, your family needs an amount of money to cover medical expenses, loss of income and other expenses. You will need to gather documents, such as credit card payments, receipts and bills, to support your claim. The more evidence you can offer the more evidence you can provide, the greater your reward.

The majority of birth defects result from genetic causes and cannot be prevented by physicians. Certain birth defects are caused by environmental factors or medication. A doctor who prescribes a medicine to a mother who increases the chance of her having a birth defect could be held liable for negligence.

Being a parent of a child who has a birth injury or a birth defect lawsuit defect can be a devastating experience for parents and families. However, with the help 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 every step to ensure that your claim is filed successfully. Call now to learn more about how they can assist you.