How to File a Birth Defect Claim
Parents who discover their child has a disability that is congenital must contact a seasoned Pompano Beach birth defect lawyer right away. Unlike some other medical malpractice claims a birth injury lawsuit is subject to an extremely short time limit.
In addition, a number of birth defects or injuries could have been prevented. Therefore, victims require compensation.
Statute of Limitations
In the United States, the statutes of limitations differ from state to state. Legal claims must be filed within the timeframe otherwise the person who was injured may not be able to claim damages. A medical malpractice attorney can assist in ensuring that the birth injury lawsuit is filed within the state's statute of limitations.
In certain instances, an injury may take some time to manifest physically or develop. In these cases it can be a challenge to determine the date when the statute of limitations began or when a suit ought to have been filed. A skilled and sympathetic medical malpractice lawyer will help you determine if an action for
birth defects can be filed before your state's statute of limitation expires.
The first step in identifying the birth defect is to connect it with the medical professionals who treated your child. Receptions, bills, credit card records as well as other documentation of medical treatment are crucial in this process. Attorneys can also collect information through discovery, a process which involves exchanging information with different parties. This can include taking the depositions of nurses, doctors, and hospital staff.
Congenital Disabilities
Congenital disabilities are structural issues that affect the way the body looks and functions. They range from mild to severe. Some are more obvious than others, such as lip or palate clefts and others are harder to detect.
Congenital disorders may be caused by genetic or chromosomal abnormalities, infection in the womb, trauma during birth, environmental influences on fetuses within the uterus, and medications that the mother takes. They cause long-term disability, which is a burden on individuals, families as well as health care systems and societies. They contribute to the high mortality of newborns and children less than five.
Neural tube defects and chromosomal disorders like Down syndrome, are the most prevalent causes of severe congenital disabilities in children. Certain congenital conditions are more prevalent in certain ethnic groups, due to maternal age and consanguinity (parents descend from the same kinship). Other conditions are triggered by nature or are caused by pharmacological or environmental factors. If a person who has a congenital handicap is disabled is contingent on how severe the condition is and the body component it affects, and how much it affects everyday life.
Medical expenses
Families with children who have severe birth defects are faced with enormous medical costs. The cost of surgeries, therapy 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 strain of caring for a child with physical impairment. An attorney with experience in birth defect cases will help victims get the money they deserve.
A variety of genetic and congenital disorders are treatable or preventable in the uterus. Doctors often misdiagnose or fail to inform their parents of screening or test results that could have resulted in the identification of birth defects. In these instances parents may make a claim for wrongful death against the medical provider.
It's hard to prove that a medical error caused a congenital disorder but a skilled Pompano Beach personal injury lawyer can evaluate the evidence to determine if an action is feasible. Contact an attorney right away to discuss your case. You have two years to file a claim after you've discovered or should have discovered the injury.
Lost Wages
A child born with a birth defect could require extensive medical care, which can cost a lot in their lives. It's inexcusable that this financial burden should be borne by families who did not cause the condition. A Pompano Beach injury lawyer who is experienced and compassionate can assist parents in exploring legal options.
Our solicitors are highly trained in medical negligence cases and put the best interests of clients at the center of everything they do. They will explore all of the causes of your child's birth defect and determine if any medical experts involved in the birth of your child ought to have been held accountable.
A successful lawsuit could include reimbursement for medical expenses like hospitalizations and surgeries, long-term treatments, and prescriptions. It may also include lost wages for parents that have to miss work to care for their children, a percentage of future earnings lost and punitive damages when the drug manufacturer displayed an utter disregard for patient safety. Contact us today to discuss your options with no obligation.
Damages
If your child is suffering from an acute or mild birth defect, your family requires money to pay for medical bills, loss of income, and other expenses. You will need to gather documents, such as credit card receipts, payments made with a credit card and bills, to support your claim. The more evidence you can provide, the more likely your claim will be higher.
The majority of birth defects are genetic and are not preventable. Certain birth defects are caused by environmental factors or drugs. For instance, a physician prescribing a medicine to the mother that increases the risk of a birth defect can be held accountable for negligence.
Being a parent of a child who has injuries to the birth or birth defect can be devastating for families and parents. However, with the assistance of a Pompano Beach
birth defect lawyer, you can pursue justice for your family and ensure that negligent doctors are held accountable. The team at Menzer Law understands the difficulties of a medical malpractice lawsuit and can guide you through every step to ensure that your claim is successfully filed. Schedule a consultation today to find out more about how they can help you.