How to File a
Birth Defect Claim
Parents who discover that their child is suffering from a congenital handicap should seek out an experienced Pompano Beach
birth defect lawyer right away. Birth injury lawsuits are limited to a shorter duration of limitations than other medical malpractice claims.
Moreover, many birth defects or injuries could have been prevented. Victims of abuse need compensation.
Statute of limitations
In the United States the statutes vary between states. A legal claim must be filed within this timeframe or the victim may not be able claim damages. An attorney for medical malpractice can assist in ensuring a birth injury lawsuit is filed within your state's statute of limitations.
In some instances an injury can take some time to manifest physically or develop. In these instances it is often difficult to determine when the statute of limitations began or when it was the right time to file. A medical malpractice lawyer who is skilled and compassionate can help determine if a suit for birth defects can be filed before the statute of limitations expires in your state.
The first step to identify the birth defect is to link it with the medical professionals who treated your child. For this, the bills or receipts as well as credit card information will be essential. Attorneys can also collect information through discovery, a process that involves exchanging information with other parties. This may include taking depositions from nurses, doctors and hospital personnel.
Congenital Disabilities
Congenital disorders are structural flaws that occur at birth and affect how the body looks or performs. They can range from mild to severe. Some are more obvious than others, such as the cleft palate or lips while others are more difficult to identify.
Congenital conditions can be caused by genetic or other chromosomal anomalies. They can also be caused due to infection in the womb during delivery, trauma, environmental influences, and medication taken by mothers. They can cause long-term disabilities, which have a negative effect on individuals as well as their families, the health system, and society. They are a major cause of mortality among infants and children under 5.
The leading causes of severe congenital disability in children are neural tube defects and chromosomal conditions, such as Down syndrome. Some congenital conditions are more prevalent in certain ethnic groups, such as maternal age and consanguinity (parents descend from the same kinship). Others are caused by a natural process or are linked to environmental or pharmacological factors. The degree of the congenital disorder the organs or body parts it affects, as well as the degree to which it affects in daily life will determine if the person is disabled.
Medical expenses
Families with children suffering from severe birth defects must face massive medical costs. The cost of therapy, surgery and ongoing treatment for the condition and its associated effects are often enormous. The emotional stress of raising a physically impaired child can be very hard on families. An attorney with experience in birth defect cases will help victims get the justice they deserved.
Many genetic and congenital diseases can be prevented or treated in utero. However, doctors can make mistakes in diagnosing or failing to inform parents of tests and screening results that could lead to discovery of an anomaly in the birth. In these cases parents may be able to bring a lawsuit for unjustified death against the medical professional.
It's hard to prove that a medical error caused a congenital defect but a skilled 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 to file a claim after you discover or discovered the injury.
Lost Wages
A child born with birth defects will require extensive medical care that could cost millions of dollars over their lifetime. This cost shouldn't fall on families who didn't cause the condition. A Pompano Beach injury attorney who is experienced and compassionate can assist parents in exploring legal options.
Our lawyers are well-trained in medical malpractice claims and always put the client's best interests first. They will investigate all of the circumstances that led to the birth defect in your child and determine if any medical professionals involved in the delivery of your child should have been held accountable.
A successful claim can include compensation for medical expenses, such as hospitalizations, surgeries, extended treatment and medication. It could also include lost wages for parents that have to miss work to care for their children, a portion of future lost earnings and punitive damages in cases where the manufacturer of the medication displayed a blatant disregard for patient safety. Contact us today to discuss your options with no obligation.
Damages
If your child has a mild or severe birth defect, your family will require monetary compensation to cover medical bills, loss in income, and other expenses. To prove your claim, it is necessary to gather documents, such as receipts, bills, and credit card payments. The more information you are able to 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 linked to the environment or medications. For instance, a doctor prescribing a medication to a mother that increases the risk of a
birth defect law firm defect could be held liable for negligence.
A baby born with an injury or birth defect can be devastating to parents and their families. However, with the assistance of a Pompano Beach birth defect lawyer to pursue justice for your family and ensure that negligent doctors are 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 submitted successfully. To learn more, book an appointment to discuss how they can help you.