How to File a Birth Defect Claim
Parents who find out that their child has a congenital defect should consult a Pompano Beach birth defects lawyer as soon as they can. Unlike some other medical malpractice cases, the birth injury lawsuit has the benefit of a shorter statute of limitations.
In addition, many birth defects and injuries could have been prevented. Thus, victims should be compensated.
Statute of Limitations
In the United States, the statutes of limitations vary from state to state. The injured party may be barred from recovering damages when a legal claim is not filed within a specified time frame. A medical malpractice attorney can assist in ensuring the birth injury lawsuit is filed within your state's statute of limitations.
In certain cases an injury could take a long time to manifest physically or develop. In these instances it can be a challenge to determine when the statute of limitations began or when a suit ought to have been filed. A skilled and sympathetic medical malpractice lawyer can assist you in determining whether an action for birth defects can be filed before the state's statute of limitations runs out.
The first step is identifying the birth defect and link it to the medical professionals who treated your child. The receipts, bills credit card records, as well as other documentation of medical treatment are crucial in this process. Attorneys can also collect evidence through discovery, which is a process of exchanging information between parties. This may include taking depositions of nurses, doctors and hospital staff.
Congenital Disabilities
Congenital disabilities are structural defects present at birth that can influence how the body appears or performs. They range from mild to severe. Some are more obvious than others, like lip and palate clefts, whereas others are harder to recognize.
Congenital diseases can be caused due to chromosomal or genetic defects, infection in the womb, injuries during delivery, environmental effects on fetuses inside the uterus, as well as the medication that the mother takes. They can lead to long-term disability, which affects families, individuals and health care systems as well as societies. They contribute to the high mortality rate of newborns and children less than five.
Neural tube defects and chromosomal disorders like Down syndrome, are among the most frequent causes of severe congenital disabilities in children. Certain congenital disorders are more prevalent in certain ethnic groups and mothers of an aforementioned age and parents who descend from the same lineage. Other conditions are triggered by nature or are linked to environmental or pharmacological factors. The degree of the congenital disorder, which organs or body parts it affects, as well as the degree to which it affects with daily activities will determine if an individual is considered disabled.
Medical Expenses
Families with children who suffer from severe birth defects face enormous medical costs. This includes the cost of a lifetime of treatment or surgery, as well as therapy for the condition as well as its adverse effects. Families can also be impacted by the emotional stress of raising a child suffering from physical impairment. A lawyer with experience in birth defect cases will help victims get the compensation they are entitled to.
Many congenital and genetic diseases can be prevented or treated in utero. However, doctors can misdiagnose or fail to inform parents of test results and screening results which may lead to the discovery of birth defects. In these cases, the parents could pursue a wrongful-life claim against the medical professional.
Although it can be difficult to prove that the error of a doctor caused a congenital handicap, an experienced Pompano Beach injury attorney will evaluate the evidence to determine whether a claim is viable. Get in touch with a lawyer today to discuss your case. You have two years from the date you first discovered or discovered the injury in order to make a claim.
Lost Wages
A child born with birth defects will require extensive medical treatment, which could cost millions of dollars in their lifetime. It is unfair that this financial burden be placed on families who have no responsibility for the condition. A Pompano Beach injury lawyer who is knowledgeable and understanding can assist parents in exploring legal options.
Our lawyers are well-trained in medical malpractice claims and always place the client's best interests first. They will examine all circumstances surrounding your baby's birth defect to determine if any medical professionals involved in the delivery of your child were responsible.
A successful claim may include reimbursement for medical expenses such as surgery, hospitalization, treatment and medication. It could also include lost wages for parents that have to leave to take care of their children, a percentage of future lost earnings, and punitive damages where the drug manufacturer displayed an unintentional disregard for patient safety. Contact us now to discuss your options without obligation.
Damages
Your family will require financial compensation for medical expenses, lost income and other expenses regardless of whether your child has an issue that is severe or mild. You'll need documents, such as credit card transactions, receipts and bills, to prove your claim. The more you can provide more information, the better your claim will be.
Most birth defects result from genetic causes and cannot be prevented by physicians. However, some birth defects are related to environmental factors or medications. A doctor who prescribes a medication to a mother that increases her chance of developing a birth defect may be held accountable for negligence.
A baby born with an injury or defect at
birth defect law firms can be devastating to parents and their 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 will be held accountable. The team at Menzer Law understands the difficulties of a medical malpractice claim, and they can guide you through each step to make sure you file your claim in a timely manner. Set up a consultation today to find out more about how they can assist you.