How to File a Birth Defect Claim

Parents who find out that their child has a congenital disability should consult an experienced Pompano Beach birth defect lawyer right away. Unlike some other medical malpractice cases, birth injury lawsuits have the benefit of a shorter statute of limitations.

In addition, many birth injuries and birth defects could have been prevented. Victims deserve compensation.

Statute of Limitations

In the United States, the statutes of limitations vary from state to state. Legal claims must be filed within this time frame otherwise the injured party might not be able claim damages. An attorney for medical malpractice can help ensure a birth injury lawsuit is filed within the state's statute of limitations.

In some cases it takes a while for an injury to manifest physically or developmentally. In these cases, it is often difficult to determine when the statute of limitations started or when it should have been filed. A medical malpractice lawyer who is proficient and compassionate can help you determine if a lawsuit involving birth defects can be filed before the statute of limitations runs out in your state.

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

Congenital Disabilities

Congenital disabilities are structural defects present at birth and can influence how the body appears or works. Mild to severe they can alter the body's appearance in many ways. Some are more noticeable than others, such as mouth or palate clefts some are more difficult to identify.

Congenital diseases can be caused by genetic or chromosomal abnormalities and infections in the womb, trauma during delivery, environmental impacts on fetuses in the uterus, and medications taken by the mother. They can cause long-term disability and have a negative impact on the individual and their families, the health care system as well as the general public. They contribute to the high mortality rate of neonates and children under five.

The most frequent causes of congenital disability in children are neural tube defects and chromosomal conditions, such as Down syndrome. Some congenital disorders are more prevalent in certain ethnic groups, mothers of a certain age, and parents who descend from the same lineage. Some are unintentionally occurring or linked to environmental or pharmacological factors. What determines if a person with a congenital impairment is considered disabled is determined by how severe the condition is, which organ or body part it affects, as well as the extent to which it affects everyday activities.

Medical Costs

Parents of children with severe birth defects are faced with enormous medical costs. The cost of therapy, surgery and ongoing treatment for the condition and its associated effects can be enormous. Families can also be impacted by the emotional stress of raising a child with a physical disability. A skilled lawyer with experience in birth defect cases can help victims obtain the compensation they deserve for their losses.

Many congenital and genetic disorders can be prevented or treated in the uterus. Unfortunately, doctors often make mistakes in diagnosing or failing to inform parents of test results and screening results which could lead to the discovery of an anomaly in the birth. In these cases, the parents could pursue a wrongful-life claim against the medical professional.

It is difficult to prove that a medical error resulted in a congenital problem, but an experienced Pompano Beach personal injury lawyer can review the evidence to determine if a claim is viable. Contact an attorney immediately to discuss your case. You have two years from the date you discovered or should have been aware of the injury to file a claim.

Lost Wages

A child born with birth defects will require extensive medical care that could cost millions of dollars over their lives. It's inexcusable that this financial burden should be borne by families who didn't cause the condition. A knowledgeable and sympathetic Pompano Beach injury lawyer can help parents explore their legal options.

Our solicitors are highly trained in medical negligence claims and put the best interests of clients at the center of everything they do. They will investigate all the circumstances that led to your baby's birth defect to determine whether any medical professionals who were involved in the delivery of your child are accountable.

A successful case could result in reimbursement for medical expenses like hospitalizations and procedures, long-term treatments and prescriptions. It may also cover lost earnings for parents who have to to take care of their children, a percentage of future lost earnings and punitive damages if the manufacturer of the medication displayed an unintentional disregard for patient safety. Contact us today to discuss your options.

Damages

Whether your child suffers from a severe or mild birth defect, your family will require financial compensation to cover medical bills, loss in income as well as other costs. To support your claim, you have to gather evidence such as receipts, bills, and credit card payments. If you have more evidence to provide, the greater your payout will be higher.

Most birth defects result from genetic causes and cannot be prevented by physicians. However, some birth defects are due to environmental factors or medication. A doctor who prescribes a drug to a mother that increases her chances of having a birth defect may be held liable for negligence.

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