How to File a Birth Defect Claim
Parents who discover that their child is suffering from a congenital defect must contact a Pompano Beach birth defects lawyer right away. In contrast to other medical malpractice cases, birth defect law firm injury lawsuits have limited time limits.
Additionally, many birth defects or injuries could have been prevented. Hence, victims need compensation.
Statute of Limitations
In the United States, the statutes of limitations vary from state to state. The injured party may be barred from pursuing damages when a legal claim is not filed within the stipulated time period. An attorney for medical malpractice will help ensure that a birth injury lawsuit is filed within your state’s statute of limitations.
In some cases an injury could take some time to manifest physically or develop. In these instances it can be a challenge to determine when the statute of limitations was set or when a lawsuit ought to have been filed. A skilled and sympathetic medical malpractice lawyer will help you determine if a birth defect lawsuit (click the following document) can be filed before your state’s statute of limitation expires.
The first step is to pinpoint the birth defect and link it to the medical professionals who treated your child. In this process, medical bills as well as receipts and credit card records will be vital. Attorneys can also collect evidence through discovery that is the process of sharing information between parties. This includes taking depositions from doctors, nurses and hospital staff.
Congenital Disabilities
Congenital disorders are structural flaws that affect the way the body looks and functions. They range from mild to severe. Some are more obvious than others, such as lip and palate clefts while others are more difficult to identify.
Congenital conditions can be caused by genetic or other chromosomal issues. They can be caused by infections in the womb during birth, trauma, environmental influences as well as medications taken by mothers. They can lead to long-term disability, which affects individuals, families as well as health systems and societies. They contribute to the high mortality of newborns and children less than five.
The leading causes of severe congenital disability in children are neural tube defects and chromosomal disorders, such as Down syndrome. Certain congenital disorders are more common in certain ethnic groups, birth defect lawsuit maternal age and consanguinity (parents descend from the same kinship). Other congenital disorders are caused by environmental or pharmacological influences. The severity of the congenital disability and the 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 suffering from severe birth defects are confronted with enormous medical costs. The cost of surgeries, therapy and lifelong treatment for the condition and its side effects can be a huge burden. The stress of caring for physically impaired children can be very hard on families. An attorney with experience in birth defect cases will assist victims get the justice they are entitled to.
A number of congenital and genetic disorders can be treated or prevented in the uterus. However, doctors can misdiagnose or fail to inform parents of test and screening results that could lead to discovery of an anomaly in the birth. In these instances parents may file a claim for an unjustified death against the medical professional.
It can be difficult to prove that a doctor’s error caused a congenital condition, Birth defect lawsuit but an experienced Pompano Beach personal injury lawyer can evaluate the evidence to determine whether an action is feasible. Contact a lawyer right away to discuss your case. You have two years to file a claim after you have discovered or should have discovered the injury.
Lost Wages
A child born with a birth defect could require extensive medical treatment which can cost millions over the course of their lifetime. It is unfair that this financial burden should be imposed on families that did not cause the condition. A Pompano Beach injury attorney who is knowledgeable and understanding can assist parents in exploring legal options.
Our lawyers are highly trained in medical malpractice cases and always place the client’s best interests first. They will look into all circumstances that led to your baby’s birth defect to determine the medical professionals who assisted in the birth of your child were responsible.
A successful claim could include reimbursement for medical expenses like hospitalizations and surgeries, extended treatments, and medications. It may also cover lost wages for parents that have to work to care for their children, a percentage of future lost earnings, and punitive damages where the drug manufacturer exhibited an unintentional disregard for patient safety. Contact us now to discuss your options without obligation.
Damages
If your child has a severe or mild birth defect, your family will require monetary compensation to cover medical bills, loss in income and other costs. You’ll need to gather documents, like credit card transactions, receipts and bills, to prove your claim. The more evidence you can provide, your award will be higher.
Most birth defects result from genetic causes and can’t be cured by doctors. However, there are some that are linked to environmental factors or medication. A doctor who prescribes medication to a mother, which increases the chance of her having an ailment during birth could be held accountable for negligence.
A child born with a birth defect or injury can be devastating for parents and their families. But with the help of a Pompano Beach birth defect lawyer and pursue justice for your family and ensure that negligent doctors are held accountable. Menzer Law can help you navigate the medical malpractice claims process. They will guide you through each step and ensure that your claim is successfully filed. Call today to find out more about how they can assist you.