How to File a Birth Defect Claim

Parents who discover that their child suffers from a congenital disability must contact a seasoned 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 claims.

Additionally, a lot of birth defects and injuries could have been prevented. Victims need 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 otherwise the injured party might not be able to recover damages. A medical malpractice attorney can assist in ensuring the birth injury lawsuit is filed within your state's statute of limitations.

In some cases it can take a long time for an injury to manifest physically or develop. In these instances it is often difficult to determine when the statute of limitation was set or when a lawsuit ought to have been filed. A skilled and empathetic medical malpractice attorney will help you determine if a birth defect lawsuit can be filed before the state's statutes of limitations expire.

The first step is identifying the birth defect and connect it to the medical experts who treated your child. Bills, receipts as well as credit card records as well as other documentation of medical treatment are important in this process. Attorneys can also collect evidence through discovery that is the process of exchanging information between parties. This could include taking depositions from nurses, doctors and hospital staff.

Congenital Disabilities

Congenital disabilities are structural defects present at birth and can influence how the body appears or works. From mild to serious, they can impact the body in various ways. Some are more obvious than others, such as mouth and lips clefts while others are more difficult to recognize.

Congenital disorders can be caused due to chromosomal or genetic defects, infection in the womb, trauma during delivery, environmental impacts on fetuses in the uterus, as well as the medication taken by the mother. They can lead to long-term disabilities that have a negative impact on individuals and their families, as well as the health system, and society. They contribute to the burden of neonatal and under-5 mortality.

Neural tube defects and chromosomal problems like Down syndrome, are the most frequent causes of severe congenital disorders in children. Certain congenital conditions are more prevalent in certain ethnic groups, 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 determined by how severe the condition is, which organ or body part it affects, and how much it interferes with daily life.

Medical expenses

Families with children who have severe birth defects face enormous medical expenses. The cost of therapy, surgery and long-term treatment for the condition as well as its side effects can be a huge burden. The stress of caring for an physically impaired child can take its toll on families. A knowledgeable lawyer with experience in birth defect cases can assist victims obtain the compensation they deserve for their losses.

A number of genetic and congenital disorders are treatable or preventable utero. Unfortunately, doctors sometimes make mistakes in diagnosing or failing to inform parents of tests and screening results that could lead to the discovery of a birth defect. In these cases, the parents could file a wrongful life claim against the medical provider.

It is difficult to prove that a medical error caused a congenital defect 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 after you discover or should have discovered the injury.

Lost Wages

A child born with a birth defect will likely require extensive medical care, that could cost millions over the course of their life. This financial burden shouldn't be imposed on families that did not cause the condition. A qualified and empathetic Pompano Beach injury lawyer can help parents explore their legal options.

Our solicitors are highly trained in medical negligence cases and place the best interests of clients at the heart of their work. They will explore all of the factors that led to your child's birth defect and determine whether any medical experts involved in your child's delivery ought to have been held accountable.

A successful claim could include the reimbursement of medical expenses such as hospitalizations and surgeries, long-term treatments, and prescriptions. Parents who have to miss work to take care of their children may also be entitled for lost wages, a portion in future lost earnings, or punitive damages if the pharmaceutical company displayed a blatant disregard for patient safety. Contact us today to discuss your options.

Damages

No matter if your child is suffering from a severe or mild birth defect, your family needs monetary compensation to cover medical bills, loss in income, and other expenses. To help prove your claim, you need to gather documents like receipts, bills and credit card charges. The more information you are able to provide, the higher your award.

The majority of birth defects result from genetic causes and cannot be prevented by physicians. However, some birth defects are linked to environmental factors or medications. For instance, a physician prescribing a drug to the mother that increases the risk of a birth defect could be held accountable for negligence.

Being a parent of a child who has an injury to their birth or a birth defect can be devastating for families and parents. However, with the help of a Pompano Beach birth defect lawyer and pursue justice for your family and ensure that negligent doctors are held accountable. Menzer Law can help you with the medical malpractice claims process. They will guide you through every step and ensure that your claim is successfully filed. For more information, schedule a consultation to find out how they can assist you.