5 Lessons You Can Learn From Birth Defect Lawyers

How to File a Birth Defect Claim

Parents who find out that their child is suffering from a congenital handicap should seek out an experienced Pompano Beach birth defect lawyer immediately. A birth injury lawsuit is limited to a shorter duration of limitations than other medical malpractice claims.

In addition, many birth defects and 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 denied damages in the event that a legal claim was not filed within the specified time frame. A medical malpractice attorney will help ensure that the birth injury lawsuit is filed within the state's statute of limitations.

In certain instances an injury can take an extended time to manifest physically or develop. In these instances, it can be difficult to determine the date when the statute of limitations began or when a suit ought to have been filed. A skilled and sympathetic medical malpractice attorney can assist you in determining whether a birth defect lawsuit can be filed before your state's statutes of limitations expire.

The first step in identifying the birth defect lawsuit defect is to link it with the medical professionals who treated your child. For this, the bills, receipts and credit card records are crucial. Attorneys can also collect evidence through discovery, which is a process of transferring information between parties. This may include taking depositions of nurses, doctors and hospital staff.

Congenital Disabilities

Congenital disabilities are structural defects that affect how the body appears and functions. From mild to severe they can alter the body's appearance in many ways. Some are more noticeable than others, like the cleft palate and lips while others are more difficult to identify.

Congenital diseases can be caused by chromosomal or genetic abnormalities, infection in the womb, injuries during delivery, environmental influences on fetuses and uterus, and medications used by the mother. They can cause long-term disability which is a burden on individuals, families as well as health care systems and societies. They contribute to the high mortality rate of newborns and children less than five.

Neural tube defects and chromosomal problems, such as Down syndrome, are the most common causes of severe congenital disorders in children. Certain congenital diseases are more common among certain ethnic groups, mothers who are of an aforementioned age, and parents who descend from the same lineage. Other congenital conditions are caused by pharmacological or environmental influences. The severity of the congenital disability as well as the organs and body parts it affects, as as how much it hinders in daily activities, will determine whether someone is considered disabled.

Medical expense

Families with children who suffer from severe birth defects face enormous medical expenses. The cost of surgery, therapy and long-term treatment for the condition as well as its side effects can be enormous. The stress of caring for a physically impaired child can be very hard on families. A lawyer with experience in birth defect cases can help victims receive the compensation they are entitled to.

A number of congenital and genetic disorders can be treated or prevented in utero. Unfortunately, doctors often make mistakes in diagnosing or failing to inform parents about test and screening results that could lead to discovery of birth defects. In these cases, the parents may pursue a wrongful-life claim against the medical provider.

It's hard to prove that a doctor's error caused a congenital condition however an experienced Pompano Beach personal injury lawyer can assess the evidence to determine if a claim is viable. Contact an attorney immediately to discuss your case. You have two years to file a claim once you discover or should have discovered the injury.

Lost Wages

A child born with birth defects will require extensive medical care which could cost thousands of dollars over their lifetime. It is unfair that this financial burden should be borne by families that did not 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 ensure that the best interests of the client are first. They will examine all circumstances of your baby's birth defect to determine the medical professionals who assisted in the delivery of your child are responsible.

A successful claim may include the reimbursement of medical expenses such as hospitalizations and surgeries, long-term treatments, and medication. Parents who are forced to take time off work to take care of their children may also be entitled to lost earnings, a portion of future lost earnings, or punitive damages if the pharmaceutical company showed a flagrant disregard for patient safety. Contact us today to discuss your options.

Damages

Your family will require financial compensation for medical expenses, lost income and other expenses, regardless of whether your child suffers from a mild or severe defect. To support your claim, you have to collect documents such as bills, receipts, and credit card payments. The more you can provide more information, the better your claim will be.

Most birth defects result from genetic causes and cannot be controlled by physicians. However, there are some that are due to external factors or medications. A doctor who prescribes a medicine to a mother, which increases her risk of having a birth defect could be held responsible for negligence.

A baby born with an injury or birth defect can be devastating to parents and their families. But with the assistance of a Pompano Beach birth defect lawyer, you can pursue justice for your family and ensure that negligent doctors are held accountable. The team at Menzer Law understands the difficulties of a medical negligence claim, and they can guide you through each step of the process to ensure your claim is filed successfully. To learn more, book a consultation to find out what they can do to help you.