How to File a Birth Defect Claim

Parents who discover their child suffers from a congenital disability should contact an experienced Pompano Beach birth defect lawyer as soon as possible. Birth injury lawsuits are subject to a shorter statute of limitations than other medical malpractice claims.

In addition, many birth problems and injuries could have been prevented. 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 the timeframe or the victim may not be able recover damages. A medical malpractice attorney will help ensure that the birth injury lawsuit is filed within your state's statute of limitations.

In some instances it takes a while 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 medical malpractice lawyer who is knowledgeable and compassionate will help you determine if a lawsuit for birth defects can be filed before the statute of limitations runs out in your state.

The first step is to pinpoint the birth defect and link it to the medical specialists who treated your child. Bills, receipts, 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 defects that can affect the way the body appears and performs. They range from mild to severe. Some are more obvious than others, such as the cleft palate or lips some are more difficult to recognize.

Congenital disorders may be caused by chromosomal or genetic abnormalities such as infection in the womb, trauma during delivery, environmental influences on fetuses in the uterus, and medication that the mother takes. They can lead to long-term disabilities and have a negative impact on individuals and their families, as well as the health care system, and the wider society. They contribute to the high burden of infant and child mortality.

Neural tube defects as well as chromosomal disorders, such as Down syndrome, are the most prevalent causes of severe congenital disabilities in children. Some congenital disorders are more common among certain ethnic groups as well as mothers of an aforementioned age and parents that descend from the same lineage. Others are caused by a natural process or are linked to environmental or pharmacological factors. The degree to which a person suffering from a congenital handicap is disabled is based on the severity of the condition and the body component it affects, and how much it impacts everyday activities.

Medical Expenses

Families with children suffering from severe birth defect law firms defects are confronted with massive medical costs. The cost of therapy, surgery and lifelong treatment for the condition, as well as the side effects that accompany it can be enormous. Families can also be affected by the emotional stress of raising a child who has physical impairment. An experienced lawyer who has handled birth defect cases will help victims receive the compensation they are due.

Many congenital and genetic diseases can be prevented or treated in the uterus. Unfortunately, doctors may misdiagnose or fail to inform parents of tests and screening results which could lead to the discovery of an anomaly in the birth. In these cases parents may seek compensation for unjustified death against the medical professional.

Although it's difficult to prove that a mistake by a doctor led to a congenital disability, a seasoned Pompano Beach injury lawyer can evaluate the evidence and determine if a claim can be feasible. Contact a lawyer right away to discuss your case. You have two years from the date you discovered or should have had knowledge of the injury to submit a claim.

Lost Wages

A child born with a birth defect is likely to require a lot of medical attention, that could cost millions throughout their life. This cost shouldn't fall on families that did not cause the condition. A Pompano Beach injury lawyer who is knowledgeable and understanding can assist parents to explore legal options.

Our lawyers are well-trained in medical malpractice claims and always place the client's best interests first. They will look into all the circumstances that led to the birth defect in your child and determine whether any medical professionals involved in the birth of your child should have been held accountable.

A successful case could result in the reimbursement of medical expenses such as hospitalizations, surgeries, extended treatments, 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 in future earnings loss or punitive damages if the drug manufacturer displayed a blatant disregard for patient safety. Contact us now to discuss your options with no obligation.

Damages

Your family will require financial compensation for medical bills, lost income, and other expenses, regardless of whether your child suffers from a serious or mild defect. To help prove your claim, you will need to collect documents such as receipts, bills, and credit card payments. The more you can provide, the higher your award.

The majority of birth defects result from genetic causes and cannot be controlled by physicians. However, there are some that are caused by external factors or medications. For example, a doctor prescribing medication to a mother that increases the risk of a birth defect could be held liable for negligence.

A baby born with a birth defect or injury could be a devastating experience for parents and their families. But with the help of a Pompano Beach birth defect lawyer and pursue justice for your family and ensure that negligent doctors are accountable. Menzer Law can help you navigate the medical malpractice claims process. They will guide you through every step and ensure that your claim is successfully filed. Contact them now to learn more about how they can help you.