How to File a Birth Defect Claim

Parents who find out that their child suffers from a congenital disability should consult an experienced Pompano Beach birth defect lawyer right away. In contrast to other medical malpractice cases, birth injury lawsuits have a short statute of limitations.

Furthermore, a lot of birth defects or injuries could have been avoided. Thus, victims should be compensated.

Statute of Limitations

In the United States the statutes vary from one state to another. A legal claim must be filed within this timeframe otherwise the injured party might not be able recover damages. A medical malpractice lawyer will ensure that a claim for birth injury is filed within the time limit set by the statute of limitations in your state.

In some instances, it takes a while for an injury to manifest physically or in a developmental way. In these cases it is often difficult to determine when the statute of limitations began or when a lawsuit should have been filed. A medical malpractice lawyer who is knowledgeable and compassionate can help you determine if a claim 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 connect it to the medical professionals that treated your child. For this, the bills receipts, receipts, and credit card records will be crucial. Attorneys can also gather information through discovery, a process which involves exchanging information with other parties. This can include taking depositions from nurses, doctors and hospital personnel.

Congenital Disabilities

Congenital disorders are structural flaws present at birth and can influence how the body appears or functions. From mild to serious, they can affect the body in many ways. Some are more obvious than others, such as lip or palate clefts while others are harder to detect.

Congenital disorders may be caused by chromosomal or genetic abnormalities, infection in the womb, trauma during delivery, environmental effects on fetuses within 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, their families, the health care system, and the society. They contribute to the burden of mortality among infants and children under 5.

The most common causes of severe congenital disabilities in children are neural tube defects and chromosomal diseases 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 ailments are caused by environmental or pharmacological influences. Whether a person with a congenital impairment is considered disabled depends on how severe the condition is and the body component it affects, and how much it interferes with daily life.

Medical Expenses

Families with children suffering from severe birth defects must face massive medical expenses. The cost of surgery, therapy and long-term treatment for the condition and its associated effects can be enormous. Families can also be affected by the emotional stress of caring for a child with physical impairment. A skilled lawyer who is familiar with birth defect cases can help victims receive the compensation that they deserve for their loss.

A variety of congenital and genetic disorders are preventable or treatable in utero. However, doctors can misdiagnose or fail to inform parents of test results and screening results that could lead to the discovery of a birth defect. In these instances, parents may make a claim for wrongful life against the medical provider.

It's hard to prove that a mistake made by a doctor resulted in a congenital problem however an experienced Pompano Beach personal injury lawyer can review the evidence to determine whether a claim is viable. Contact an attorney as soon as possible to discuss your case. You have two years from the date you first discovered or been aware of the injury to file a claim.

Lost Wages

A child born with a birth defect law firms defect is likely to require extensive medical treatment, which can cost a lot throughout their lives. It's unjust that this financial burden should be placed on families who did not cause the problem. A Pompano Beach injury attorney who is knowledgeable and understanding can help parents explore legal options.

Our lawyers are well-trained in medical malpractice cases and always consider the best interests of the client first. They will look into all circumstances concerning the birth defect of your baby to determine whether any medical professionals who were involved in the delivery of your child were responsible.

A successful claim may include compensation for medical costs like hospitalizations and surgeries, long-term treatments, and prescriptions. Parents who are forced to take time off to take care of their child may also be entitled to lost wages, a portion of future lost earnings, or punitive damages if the drug manufacturer displayed a blatant disregard for the safety of patients. Contact us today to discuss your options without any obligation.

Damages

No matter if your child is suffering from a mild or severe birth defect, your family requires financial compensation to cover medical bills, loss of income, and other expenses. To help prove your claim, you will need to gather evidence such as bills, receipts and credit card charges. The more information you are able to provide the more evidence, the greater your payout.

Most birth defects are genetic in nature and are not preventable. Some birth defects are caused through environmental factors or medications. A doctor who prescribes medication to a mother who increases the chance of her having a birth defect could be held accountable for negligence.

A baby born with an injury to their birth or a birth defect can be a devastating experience for parents and families. With the help of a Pompano Beach lawyer for birth defects and birth defects, you can pursue justice for your family. You can also ensure that negligent doctors are held accountable. Menzer Law can help you navigate the medical malpractice claims process. They will guide you through each step and ensure that your claim is submitted successfully. To learn more, schedule an appointment to discuss how they can assist you.