How to File a Birth Injury Claim

You may be entitled to compensation If your child was injured when he was born due to medical negligence. Talk to a knowledgeable birth injury attorney as a first step.

They will evaluate your case to determine if there's enough evidence to support the filing of a lawsuit. They will then collect medical records and expert testimony to build an argument that is convincing for you.

Birth Trauma Cases

The US is one of the world's most medically advanced countries however, it has a high rate of serious and fatal birth injuries for newborns. These injuries may result in lifelong repercussions, including physical disabilities, developmental delays, and even mental illness. Families are entitled to compensation when medical negligence causes these injuries.

Our team of skilled birth trauma lawyers can assist you to build a strong case to get the compensation you're entitled to. We will collect and analyze your child's medical records, work with experts to discover what transpired and why you should make a claim against the hospital and doctors responsible and negotiate with insurance companies to settle your claim (or make a claim if necessary) and present your evidence and arguments a jury.

In many cases, the extent of a child's injury is not apparent until later on in the course of. When that occurs, victims of birth trauma may confront attempts to discredit their claims by arguing that the injury should have been discovered sooner and the time limit for filing a claim has passed. Our firm has successfully fought against these tactics in the past and secured millions of settlements for victims.

We will first meet with you to discuss your situation in person and determine whether it is meritorious. We will take the relevant medical records, and depose witnesses who are able to provide statements under oath that can support your case. We will also talk to your child, if possible to understand their perspective on the impact of the injury.

We will present a demand packet to the hospitals and doctors involved in the matter, with detailed information about your child's injury and its impact on their quality of life. We will work with medical professionals' malpractice insurance companies to resolve any denials of claim and negotiate an agreement to settle your claim. If a settlement isn't reached, we will prepare for trial and engage experts to defend your claim. We will pursue the highest amount of compensation you are legally entitled to under the law.

Medical Malpractice Cases

Medical malpractice claims involve healthcare providers who commit mistakes in treatment that cause harm. These errors could be small or life-altering. A majority of these errors are preventable, but even the most experienced doctors can make mistakes. Medical malpractice claims are often the result of misdiagnosis, delay in diagnosis, childbirth injuries, surgical mistakes, medication errors, or anesthesia mistakes. Certain healthcare specialties are to be at risk for malpractice lawsuits like OB/GYN or surgical specialties.

Certain cases of medical negligence can be so horrendous that they capture national attention. CBS News, for example covered the case of a Mexican girl Jesica Santillan aged seventeen who needed a lung and heart transplant. The Duke University Medical Center in Durham, North Carolina agreed to perform the surgery. The surgeons didn't check to see if the donor's type of blood was compatible with Jesica. Due to this, she suffered from a variety of complications such as hemolytic uremic disorder (HUS), sepsis, renal failure, and multiple organ transplant rejections.

If a medical malpractice lawsuit establishes that the healthcare provider violated the standard of care and caused harm, the patient could be entitled to both economic and non-economic damages. Medical expenses and lost wages are economic damages. Other damages that are not economic include discomfort and pain, as well as disfigurement. Punitive damages are also available depending on the circumstances.

Most doctors are required to have professional liability insurance, which helps to reduce the financial risk of malpractice claims. However, the price of these policies differs widely and can be contingent on the physician's practice area.

Additionally, certain states have also established alternative dispute resolution programs to settle malpractice claims. These programs typically replace a jury trial by an arbitrator who reviews both sides' evidence and makes a final decision.

If you suspect that you've been hurt by a healthcare professional it is essential to consult with an experienced lawyer about your case. A medical malpractice lawyer will help you through the process to gather and review your medical records in order to determine whether there is an actual malpractice claim. Sobo & Sobo offers talented lawyers in Middletown, Monticello NYC, Newburgh Spring Valley, Poughkeepsie, and throughout Orange County, NY.

Statute of Limitations

Each state has its own rules, exceptions, and limitations. They differ based on the nature and amount of the claim. Medical malpractice attorneys are familiar with the laws in each state and will ensure that a complaint is filed within the timeframe permitted for a particular case.

For instance when it comes to neurological injuries caused by birth, the deadline for filing a lawsuit typically is two and a half years from the time the injury was discovered. The timeframe may be extended if the condition was treated for a long time. The laws could also differ for cases of wrongful death.

The first step in a birth injury lawsuit is to get an initial consultation with an experienced lawyer. The lawyer will review the claim to determine whether it's worth pursuing and, if so, what to do. The lawyer will review medical documents and consult with medical experts to determine whether the doctors or other healthcare providers acted properly.

A successful medical malpractice lawsuit usually includes a claim for damages. The lawyer will consult with financial and medical experts in order to determine the right amount. This includes the cost of ongoing care and treatment for the child. Other potential damages include the loss of enjoyment that may be awarded if the child is unable to participate in activities or hobbies they might otherwise be able to enjoy.

The lawyers will then file a lawsuit in the appropriate court. Parents are plaintiffs, while the hospitals, doctors and other healthcare providers are defendants. The legal process consists of a series of hearings discovery, depositions, and Accidentinjurylawyers.Claims hearings. If the case is not resolved during this process, a trial will be held. The jury or judge will determine the damages. The damages could be significant dependent on the strength and weight of the evidence. The lawyers will try to secure the best possible settlement for their clients. They will not accept a settlement that doesn't reflect the actual value of the case.

Settlements

Your lawyer will assist you to get the compensation you are entitled to if prevail in your case. The amount will be based on the injury and your specific requirements. Included in this figure is the cost of any future medical treatment, any loss of earnings, modifications to your house and continuing psychological or physical therapy. Your attorney will collaborate with medical and financial experts to determine an appropriate amount to ask for.

The first step is to establish that a doctor violated their standard of care when your child was born. This is usually done by looking over hospital records and bills to identify mistakes.

Once this is done, your lawyer can submit an application to the malpractice insurance of the hospital or doctor. This will include a written statement explaining the nature of the injury and its effect on your family as well as medical records and other documents. The insurer will either accept or decline the request and negotiate an agreement. If the insurance company is unwilling to give a reasonable amount, your attorney may file an action.

It is important to know that the majority of medical malpractice cases, including birth injury claims, are settled outside of court. This is due to the fact that doctors and hospitals do not wish to draw negative attention in the event that they are found to have made medical errors. The process of suing is lengthy and requires lots of research, but a seasoned lawyer for birth injuries will know how to gather the evidence to prove negligence.

Your lawyer will also know how to handle any negotiations with the medical providers and their insurance companies. Insurance companies will try to delay a settlement and employ every trick they can to minimize the amount they have to pay. Your lawyer will be able to resist these pressure tactics, and will present a strong argument with the help of your facts.

Certain victims may be eligible to join the New York's Medical Indemnity Fund, depending on the nature and severity of their injuries. This program will reimburse your children for the cost related to the birth injury. If the injuries were severe the attorney may suggest that you seek a jury trial and ask for a higher amount of money than you would receive in the settlement.