How to File a Birth Defect Claim
Parents who find out that their child has a congenital disability should contact an experienced Pompano Beach birth defect lawyer right away. In contrast to other medical malpractice lawsuits, the birth injury lawsuit has an extremely short time limit.
Furthermore, a lot of birth defects or injuries could have been avoided. Therefore, victims require compensation.
Statute of limitations
In the United States the statutes vary from one state to the next. The victim may be unable to recover damages should a legal action not filed within a specified timeframe. A medical malpractice lawyer will ensure that a birth injury suit is filed within the time limit set by the statute of limitations in your state.
In some cases, an injury may take a long time to manifest physically or develop. In these instances it may be difficult to determine when the statute of limitation began or when a lawsuit ought to have been filed. A knowledgeable and compassionate medical malpractice attorney will help you determine if the birth defect lawsuit could be filed before your state's statutes of limitations expire.
The first step in identifying the birth defect is to link it to the medical professionals that treated your child. In this process, medical bills or receipts as well as credit card records will be vital. Attorneys can also gather evidence through discovery, which is a process of transferring information between parties. This may include taking depositions of nurses, doctors and hospital personnel.
Congenital Disabilities
Congenital disabilities are structural issues that are present at birth and influence how the body appears or functions. They range from mild to severe. Some are more obvious than others, like mouth and lips clefts while others are more difficult to recognize.
Congenital disorders can be caused by genetic or other chromosomal issues. They may also be caused by infections during the birth process or trauma, environmental influences, and medication taken by mothers. They can cause long-term disability, which have a negative effect on individuals, their families, the health care system, and society. They contribute to the burden of mortality among infants and children under 5.
The most frequent causes of congenital disabilities in children are neural tube defects and chromosomal conditions, such as Down syndrome. Certain congenital diseases are more prevalent in certain ethnic groups, maternal age and consanguinity (parents descend from the same kinship). Other congenital disorders are caused by environmental or pharmacological influences. The extent of the congenital impairment, which organs or body parts it affects, as well as how much it hinders with daily activities will determine if an individual is considered disabled.
Medical Expenses
Families with children who have severe birth defects are faced with huge medical costs. The cost of therapy, surgery and long-term treatment for the condition and its associated effects can be enormous. Families can also be impacted by the emotional stress of caring for a child with physical disabilities. A knowledgeable lawyer with experience in birth defect cases can assist victims obtain the compensation they are entitled to for their losses.
Many congenital and genetic diseases can be treated or prevented in utero. Doctors sometimes misdiagnose conditions or fail to inform their parents of screening and tests that may have resulted in the discovery of birth defects. In these instances parents may be able to bring a lawsuit for wrongfully dying against the medical provider.
It's hard to prove that a medical error resulted in a congenital problem however, a seasoned Pompano Beach personal injury lawyer can evaluate the evidence to determine if a claim is viable. Contact a lawyer as soon as possible to discuss your case. You have two years from the date you discovered or should have known about the injury to claim compensation.
Lost Wages
A child born with birth defects will require extensive medical care which could cost thousands of dollars throughout their lives. It's inexcusable that this financial burden be placed on families who didn't cause the condition. A Pompano Beach injury lawyer who is competent and understanding can help parents explore legal options.
Our solicitors are highly trained in medical negligence claims and put the best interests of their clients at the center of their work. They will examine all of the causes of the birth defect of your child and determine if any medical experts involved in the child's birth should have been held to account.
A successful case could result in reimbursement for medical expenses such as hospitalizations, surgeries, long-term treatments, and medication. Parents who are forced to miss work to take care of their child could also be entitled to lost wages, a percentage of future lost earnings or punitive damages if the pharmaceutical company has shown a clear disregard for patient safety. Contact us now to discuss your options without any obligation.
Damages
Whether your child suffers from an acute or mild birth defect, your family requires an amount of money to cover medical bills, loss in income as well as other costs. You will need to gather documents, like credit card transactions, receipts and bills, to establish your claim. The more evidence you can provide, the greater your payout will be higher.
The majority of birth defects result from genetic causes and can't be cured by doctors. Certain birth defects are caused by environmental factors or drugs. For instance, a doctor prescribing a medicine to the mother that increases the risk of a birth defect could be held liable for negligence.
A baby born with an injury or birth defect can be devastating for parents and their families. With the assistance of a Pompano Beach lawyer for
birth defects, you can seek justice for your family. You can also ensure that negligent doctors will be held accountable. Menzer
Law can help you with the medical malpractice claims process. They will guide you through every step and ensure that your claim is successfully filed. To learn more, book an appointment to discuss how they can help.