How to File a Birth Defect Claim

Parents who discover that their child suffers from an abnormality that is congenital should contact a Pompano Beach birth defects lawyer immediately. Unlike some other medical malpractice claims the birth injury lawsuit has an extremely short time limit.

In addition, many birth injuries and defects could have been avoided. Hence, victims need compensation.

Statute of limitations

In the United States, the statutes of limitations differ from state to state. Legal claims must be filed within this timeframe or the victim may not be able claim damages. A medical malpractice lawyer can make sure that a lawsuit arising from a birth injury is filed within the time limit set by the statute of limitations in your state.

In some cases an injury can take an extended time to manifest physically or develop. In these instances it is often difficult to determine when the statute of limitation began or when a suit should have been filed. A medical malpractice lawyer who is skilled and compassionate will help you determine if a claim for birth defects can be filed before the statute of limitations runs out in your state.

The first step to identify the birth defect is to connect it with the medical professionals that treated your child. Receipts, bills as well as credit card records and other documentation of medical treatment are important in this process. Attorneys can also collect evidence through discovery which is the process of exchanging information between parties. This includes taking depositions of nurses, doctors and hospital staff.

Congenital Disabilities

Congenital disorders are structural flaws that are present at birth and affect how the body looks or performs. Mild to severe they can impact the body in various ways. Some are more noticeable than others, such as the cleft palate or lips some are more difficult to identify.

Congenital disorders can result from genetic or other chromosomal abnormalities. They can also be caused by infections in the womb during pregnancy trauma, environmental factors and medications taken by mothers. They cause long-term disabilities, which is a burden on families, individuals as well as health care systems and societies. They contribute to the high burden of mortality among infants and children under 5.

Neural tube defects as well as chromosomal disorders like Down syndrome, are the most common causes of severe congenital disabilities in children. Certain congenital diseases are more common in certain ethnic groups, scottsdale birth defect lawyer maternal age and consanguinity (parents descend from the same kinship). Other congenital diseases are caused by environmental or pharmacological influences. The extent of the congenital impairment as well as the organs and body parts it affects, as well as the degree to which it affects in daily life, will determine whether the person is disabled.

Medical expense

Families with children who have severe birth defects are confronted with huge medical expenses. The costs of surgery, therapy and long-term treatment for the condition and its side effects are often enormous. Families can also be impacted by the emotional strain of raising a child suffering from physical disabilities. An attorney with experience in birth defect cases will help victims get the justice they deserve.

Many congenital and genetic disorders can be prevented or treated in utero. Unfortunately, doctors often make mistakes in diagnosing or failing to inform parents of test and screening results which may lead to the discovery of a birth defect. In these cases, parents can bring a lawsuit for an unjustified death against the medical provider.

It is difficult to prove that a medical error caused a congenital defect however an experienced Pompano Beach personal injury lawyer can evaluate the evidence to determine whether an action is feasible. Contact a lawyer immediately to discuss your case. You have two years from the time you first discovered or been aware of the injury to submit a claim.

Lost Wages

A child born with a birth defect will likely require extensive medical care, that could cost millions over the course of their lives. It's unjust that this financial burden should be placed on families who have no responsibility for the condition. A Pompano Beach injury attorney who is qualified and sympathetic can help parents explore legal options.

Our lawyers are highly trained in medical malpractice cases and always put the client's best interests first. They will look into all circumstances concerning the scottsdale birth defect lawyer defect of your baby to determine whether any medical professionals involved in the birth of your child were accountable.

A successful case could result in reimbursement for medical expenses like hospitalizations and surgeries, extended treatments, and prescriptions. It could also include the loss of earnings for parents who have to take time off to take care of their children, a percentage of future lost earnings and punitive damages in cases where the drug manufacturer exhibited an unflinching disregard for the patient's safety. Contact us today to discuss your options without any obligation.

Damages

Your family will need monetary compensation for medical expenses, lost income and other expenses regardless of whether your child has a mild or severe defect. You'll need documents, including credit card receipts, payments made with a credit card and bills to prove your claim. If you have more evidence to provide, the greater your payout will be greater.

Most birth defects are caused by genetic factors and can't be cured by doctors. However, some of them are related to environmental factors or medication. For example, a doctor prescribing medication to a mother that increases the risk of a birth defect could be held accountable for negligence.

Being a parent of a child who has a birth injury or a mcminnville birth defect lawyer defect can be devastating for families and parents. But with the help of a Pompano Beach birth defect lawyer and pursue justice for your family and ensure that negligent doctors are accountable. The team at Menzer Law understands the difficulties of a medical malpractice lawsuit, scottsdale birth defect lawyer and they can guide you through every step to ensure that your claim is successfully filed. To learn more, schedule an appointment with them to learn what they can do to help you.