How to File a Birth Defect Claim
Parents who discover that their child suffers from a congenital defect must contact a Pompano Beach birth defect lawyer immediately. In contrast to other medical malpractice claims, a birth injury lawsuit is subject to the benefit of a shorter statute of limitations.
Additionally, a lot of birth defect lawsuit injuries and birth defects could have been avoided. Therefore, 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 the timeframe or the injured party may not be able recover damages. An attorney for medical malpractice can assist in ensuring that the birth injury lawsuit is filed within your state’s statute of limitations.
In certain instances injuries can take longer to manifest physically or develop. In these cases it is usually difficult to determine when the statute of limitations first began or when it was the right time to file. A knowledgeable and compassionate medical malpractice attorney will help you determine if an action for birth defects can be filed before the state’s statutes of limitations expire.
The first step is to identify the birth defect and connect it to the medical experts who treated your child. In this process, records of bills receipts, receipts, and credit card records will be vital. Attorneys can also gather information through discovery, a process that involves exchanging information with other parties. This can include taking depositions from nurses, doctors and hospital personnel.
Congenital Disabilities
Congenital disabilities are structural problems which can affect how the body looks and performs. Mild to severe they can impact the body in various ways. Certain are more apparent than others, such as the cleft palate and lips while others are more difficult to spot.
Congenital disorders can be caused due to chromosomal or genetic defects and infections in the womb, trauma during birth, environmental influences on fetuses inside the uterus, and medication that the mother takes. They cause long-term disabilities, which can be detrimental to families, individuals as well as health care systems and societies. They contribute to the burden of infant mortality and neonatal deaths.
The most frequent causes of congenital disability in children are neural tube defects as well as chromosomal issues like Down syndrome. Certain congenital diseases are more prevalent in certain ethnic groups, mothers who are of an age group and parents who descend from the same lineage. Others are caused by a natural process or are caused by pharmacological or environmental factors. The degree to which a person suffering from a congenital handicap is disabled is determined by how severe the condition is, which organ or body area it affects and how much it affects everyday activities.
Medical Expenses
Families with children who have severe birth defects face enormous medical expenses. This includes the cost of ongoing treatment and therapy, as well as surgery for the condition as well as its side effects. The stress of caring for physically impaired children can also be a burden on families. An experienced lawyer who has handled birth defect cases can help victims receive the compensation they deserve.
Many genetic and congenital diseases can be treated or prevented in the uterus. Unfortunately, doctors may misdiagnose or fail to inform parents about test and screening results which could lead to the discovery of birth defects. In these instances parents may be able to bring a lawsuit for wrongfully dying against the medical provider.
While it is difficult to prove that a doctor’s error caused a congenital disorder, a seasoned Pompano Beach injury lawyer will review the evidence and determine whether a claim is feasible. Contact an attorney right away to discuss your case. You have two years to file a claim if you’ve discovered or should have discovered the injury.
Lost Wages
A child born with birth defects will require a lot of medical attention that could cost millions of dollars over their lifetime. It’s unfair that this financial burden be borne by families that didn’t cause the condition. A knowledgeable and sympathetic Pompano Beach injury lawyer can help parents explore their legal options.
Our lawyers are highly trained in medical malpractice claims and always put the client’s best interests first. They will investigate all of the causes of the birth defect of your child and identify whether any medical professionals involved in the delivery of your child should have been held accountable.
A successful case could result in compensation for medical expenses, such as hospitalizations, surgeries, prolonged treatment and medications. Parents who are forced to miss work to take care of their children may also be entitled to compensation for lost wages, a portion of future lost earnings, or punitive damages if the pharmaceutical company displayed a blatant disregard for patient safety. Contact us now to discuss your options, without obligation.
Damages
Whether your child suffers from a severe or mild birth defect, your family will require an amount of money to cover medical bills, loss in income, and other expenses. You will need to gather documents, like credit card transactions, receipts and bills, to support your claim. The more you can provide the more evidence you can provide, the greater your reward.
Most birth defects are caused by genetic factors and cannot be controlled by physicians. However, some birth defects are linked to external factors or medications. For instance, a physician prescribing a medicine to the mother that increases the chance of having a birth defect can be held accountable for negligence.
A baby born with an injury from birth or a birth defect can be devastating for parents and families. With the assistance 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 are held accountable. The team at Menzer Law understands the difficulties of a medical malpractice claim and can guide you through each step to ensure your claim is successfully filed. Schedule a consultation today to find out more about how they can help you.
