How to File a Birth Defect Claim

Parents who discover their child has a disability that is congenital must contact a seasoned Pompano Beach birth defect lawyer as soon as possible. In contrast to other medical malpractice cases, a birth defect lawsuit injury lawsuit is subject to an extremely short time limit.

In addition, a number of birth defects or injuries could have been avoided. Therefore, victims require compensation.

Statute of limitations

In the United States, the statutes of limitations vary from state to state. Legal claims must be filed within this period otherwise the injured party might not be able to claim damages. A medical malpractice lawyer can make sure that a suit for birth defect attorneys injuries is filed within the statute of limitations in your state.

In some cases it takes time for an injury to manifest physically or develop. In these instances, 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 empathetic medical malpractice attorney will help you determine if a birth defect lawsuit can be filed before your state's statute of limitation expires.

The first step is to pinpoint the birth defect and link it to the medical specialists who treated your child. For this, the bills receipts, receipts, and credit card information will be essential. Attorneys can also gather evidence through discovery which is a method of exchanging information between two parties. This may include taking depositions of nurses, doctors and hospital staff.

Congenital Disabilities

Congenital disabilities are structural problems present at birth and can influence how the body appears or functions. They range from mild to severe. Some are more visible than others, like lip or palate clefts and others are more difficult to recognize.

Congenital disorders can be caused by genetic or other chromosomal issues. They can also be caused due to infection in the womb during pregnancy trauma, environmental factors, and medication taken by mothers. They can lead to long-term disabilities, which have a negative impact on people and their families, the health system, and society. They contribute to the high mortality rate of infants and children younger than five.

The most frequent causes of congenital disabilities in children are neural tube defects and chromosomal conditions, such as Down syndrome. Certain congenital conditions are more prevalent in certain ethnic groups, such as maternal age and consanguinity (parents descend from the same kinship). Other conditions are triggered by nature or are connected to pharmacological or environment factors. If a person who has a congenital disability is considered disabled is based on the severity of the condition and the body part it affects, and the extent to which it affects daily life.

Medical expense

Families with children who have serious birth defects face huge medical costs. The cost of surgery, therapy and lifelong treatment for the condition, as well as its side effects can be a huge burden. The emotional strain of caring for a physically impaired child can be very hard on families. A knowledgeable lawyer who has experience in birth defect cases can assist victims receive the compensation they deserve for their losses.

Many congenital and genetic diseases can be treated or prevented in utero. Unfortunately, doctors often miss-diagnose or fail to inform parents of test results and screening results which could lead to the discovery of an anomaly in the birth. In these instances, parents may file a wrongful life claim against the medical provider.

Although it's difficult to prove that the error of a doctor caused a congenital handicap an experienced Pompano Beach injury attorney will review the evidence and determine if a claim can be feasible. Contact an attorney right away to discuss your case. You have two years to file a claim after you discover or should have discovered the injury.

Lost Wages

A child born with a birth defect could require extensive medical treatment which could cost millions over their life. This financial burden shouldn't be imposed on families that didn't contribute to the problem. A knowledgeable and compassionate Pompano Beach injury lawyer can help parents consider their legal options.

Our solicitors are highly trained in medical negligence cases and put the best interests of their clients at the center of everything they do. They will examine all of the circumstances that led to the birth defect of your child and determine if any medical experts involved in the delivery of your child should have been held accountable.

A successful lawsuit could include the reimbursement of medical expenses like hospitalizations and surgeries, long-term treatments, and medication. It could also include lost earnings for parents who need to miss work to care for their children, a percentage of future lost earnings, and punitive damages when the drug manufacturer displayed a blatant disregard for patient safety. Contact us today to discuss your options.

Damages

Whether your child suffers from an acute or mild birth issue, your family may require money to pay for medical bills, loss in income as well as other costs. You will need to gather documents, like payment receipts from credit cards, and bills to prove your claim. The more documents you can provide the more evidence, the greater your payout.

Most birth problems are genetic and cannot be prevented. Some birth defects are caused by environmental factors or drugs. A doctor who prescribes medication to a mother who increases the chance of her having an abnormal birth could be held accountable for negligence.

A child born with an injury or defect at birth can be devastating for parents and their families. However, with the help of a Pompano Beach birth defect lawyer to pursue justice for your family and ensure that negligent doctors are accountable. The team at Menzer Law understands the difficulties of a medical malpractice claim and can guide you through every step to ensure that your claim is filed successfully. For more information, schedule a consultation to find out how they can assist you.