How to File a Birth Defect Claim

Parents who discover their child has a congenital disability should consult an experienced Pompano Beach birth defect lawyer right away. In contrast to other medical malpractice claims the birth injury lawsuit has a short statute of limitations.

Additionally, a lot of birth injuries and defects could have been prevented. Thus, victims should be compensated.

Statute of Limitations

In the United States the statutes vary from one state to another. The party who was injured could be barred from pursuing damages in the event that a legal claim was not filed within the specified time frame. A medical malpractice lawyer will ensure that a claim for birth injury 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 first began or when it should have been filed. A medical malpractice lawyer who is proficient and compassionate can help determine if a suit for birth defects can be filed before the statute of limitations runs out in your state.

The first step to identify the birth defect is to link it to the medical professionals that treated your child. In this process, medical bills or receipts as well as credit card records are crucial. Attorneys can also gather information through discovery, a procedure which involves sharing information with other parties. This can include taking the depositions of doctors, nurses and hospital staff.

Congenital Disabilities

Congenital disabilities are structural defects that are present at birth and affect how the body looks or performs. They range from mild to severe. Some are more noticeable than others, for instance cleft lips and palates however, others are more difficult to spot.

Congenital conditions can be caused by genetic or other chromosomal abnormalities. They may be caused by infections in the womb during birth, trauma, environmental influences and medications taken by mothers. They can cause long-term disability which affects families, individuals as well as health systems and societies. They contribute to the high burden of mortality among infants and children under 5.

The most common causes of severe congenital disability in children are neural tube defects as well as chromosomal issues like Down syndrome. Some congenital conditions are more common in certain ethnic groups, such as maternal age and consanguinity (parents descend from the same kinship). Other congenital conditions are caused by environmental or pharmacological influences. The degree to which a person suffering from a congenital handicap is disabled is based on how severe the condition is and what organ or body area it affects and how much it impacts daily life.

Medical Costs

Families with children who suffer from severe birth defects face enormous medical expenses. The costs of surgery, therapy and long-term treatment for the condition and its associated effects are often enormous. The emotional stress of caring for a physically impaired child can be very hard on families. A knowledgeable lawyer who is experienced in birth defect cases can help victims obtain the compensation they deserve for their loss.

A number of congenital and genetic disorders are treatable or preventable in the uterus. However, doctors can do not recognize or 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 make a claim for wrongful life against the medical professional.

It is difficult to prove that a mistake made by a doctor caused a congenital condition however, a seasoned Pompano Beach personal injury lawyer will evaluate the evidence to determine whether a claim is viable. Contact a lawyer as soon as possible to discuss your case. You have two years to file a claim if you discover or should have discovered the injury.

Lost Wages

A child born with birth defects will require a lot of medical attention which could cost millions of dollars over their lives. It's unfair that this financial burden should be imposed on families that have no responsibility for the condition. A knowledgeable and sympathetic Pompano Beach injury lawyer can help parents explore their legal options.

Our solicitors have been trained in medical negligence claims and put the best interests of clients at the core of their work. They will investigate all of the circumstances that led to the birth defect in your child and determine whether any medical professionals involved in the child's birth should have been held accountable.

A successful claim could include compensation for medical costs like hospitalizations and surgeries, prolonged treatments, and medications. It may also include lost wages for parents who have to work to care for their children, a portion of future earnings lost and punitive damages when the manufacturer of the medication displayed a blatant disregard for patient safety. Contact us today to discuss your options.

Damages

No matter if your child is suffering from a mild or severe birth issue, your family may require monetary compensation to cover medical bills, loss of income and other expenses. To support your claim, you need to gather documents like receipts, bills, and credit card payments. The more documents you can provide the more evidence, the greater your payout.

Most birth defects are caused by genetic factors and cannot be prevented by physicians. Certain birth defects are caused through environmental factors or medications. For instance, a doctor prescribing medication to a mother that increases the risk of a birth defect could be held liable for negligence.

The birth defect law firms of a child with an injury from birth or a birth defect can be devastating 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 accountable. Menzer Law can help you to 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 a consultation to find out how they can help.