Epifania St George asked 2 weeks ago
How to File a Birth Defect Claim
Parents who discover that their child has a congenital defect should contact a Pompano Beach birth defect law Firms defect lawyer right away. Contrary to other medical malpractice lawsuits, the birth injury lawsuit has limited time limits.
Moreover, many birth defects or injuries could have been avoided. Hence, victims need compensation.
Statute of limitations
In the United States the statutes vary from one state to the next. Legal claims must be filed within this period otherwise the person who was injured may not be able to recover damages. A medical malpractice lawyer can guarantee that a suit for birth injuries is filed within the time limit set by the statute of limitations in your state.
In certain cases, it takes a while for an injury to manifest itself physically or developmentally. In these instances it is often difficult to determine when the statute of limitations began or when a case ought to have been filed. A medical malpractice lawyer who is experienced and compassionate can help you determine if a lawsuit involving birth defects can be filed before the statute of limitations runs out in your state.
The first step is to pinpoint the birth defect and link it to the medical specialists who treated your child. Receptions, bills, credit card records and other evidence of medical treatment are important in this process. Attorneys can also gather evidence through discovery that is the process of transferring information between parties. This may include taking depositions of nurses, doctors and hospital staff.
Congenital Disabilities
Congenital disorders are structural flaws that affect how the body appears and performs. From mild to serious, they can affect the body in a variety of ways. Certain are more apparent than others, such as lip and palate clefts, whereas others are harder to recognize.
Congenital disorders can result from genetic or other chromosomal disorders. They may also be caused by infection during the birth process trauma, environmental influences and the use of medications by mothers. They cause long-term disabilities, which is a burden on families, individuals and health care systems as well as societies. They are a major cause of infant and child mortality.
The leading causes of severe congenital disabilities in children are neural tube defects and chromosomal diseases like Down syndrome. Certain congenital disorders are more common among certain ethnic groups, mothers of a certain age, and parents who descend from the same lineage. Other conditions are triggered by nature or are linked to environmental or pharmacological factors. The degree of the congenital disability as well as the organs and body parts it affects, as well as how much it interferes in daily life will determine if an individual is considered disabled.
Medical expenses
Families with children suffering from severe birth defects are faced with enormous medical costs. This includes the cost of ongoing treatment, therapy and surgery for the condition and its resulting side effects. Families can also be affected by the emotional strain of raising a child suffering from physical impairment. A knowledgeable lawyer who is experienced in birth defect cases can assist victims obtain the compensation they are entitled to for their losses.
Many congenital and genetic disorders can be treated or prevented in the uterus. Doctors sometimes misdiagnose conditions or fail to inform their parents of screening or tests that may have resulted in the discovery of birth defects. In these instances, parents may make a claim for wrongful life against the medical provider.
It is difficult to prove that a medical error caused a congenital condition however an experienced Pompano Beach personal injury lawyer can review the evidence to determine whether the claim is a possibility. Contact a lawyer as soon as possible to discuss your case. You have two years from the date you first discovered or discovered the injury in order to make a claim.
Lost Wages
A child born with birth defects will require extensive medical care which could cost millions of dollars in their lifetime. This financial burden shouldn’t fall on families that did not cause the condition. A Pompano Beach injury attorney who is qualified and sympathetic can help parents explore legal options.
Our lawyers are well-trained in medical malpractice cases and always consider the best interests of the client first. They will examine all of the circumstances that led to the birth defect of your child, and determine if any medical experts involved in the child’s birth defect lawyers should have been held to account.
A successful claim may include the reimbursement of medical expenses such as hospitalizations, surgeries and extended treatment and medication. Parents who are forced to take time off work to care for their child may also be entitled to compensation for lost wages, a percentage of future lost earnings, or punitive damages if the drug manufacturer showed a flagrant disregard for the safety of patients. Contact us today to discuss your options without obligation.
Damages
Your family will require monetary compensation for medical bills, lost income, and other expenses, regardless whether your child is suffering from a mild or severe defect. You will need to gather documents, like credit card receipts, payments made with a credit card and bills, to establish your claim. If you have more evidence to provide, the more likely your claim will be higher.
The majority of birth defects result from genetic causes and cannot be prevented by physicians. Certain birth defects are caused by environmental factors or drugs. For instance, a doctor prescribing medication to a mother that increases the chance of having a birth defect can be held accountable for negligence.
A baby born with an injury or defect at birth can be devastating for parents and their families. But with the assistance of a Pompano Beach birth defect lawyer who can help you seek justice for your family and ensure that negligent doctors are held accountable. The team at Menzer Law understands the difficulties of a medical malpractice case and will guide you through each step of the process to ensure your claim is filed successfully. Contact them now to learn more about how they can assist you.