How to File a Birth Injury Claim

You could be entitled to compensation when your child was injured when he was born because of medical negligence. Consult an experienced birth injury lawyer as your first step.

They will evaluate your case to determine if you have enough evidence to back the filing of a lawsuit. They will then collect medical documents and expert testimony to create a strong argument for you.

Birth Trauma Cases

The US is one of the world's most medically advanced countries, however, it has a troubling rate of serious and fatal injuries to newborns. These injuries can have long-lasting consequences, including physical and developmental disabilities as well as delays in development. Families are entitled to compensation when medical negligence causes these injuries.

Our team of skilled lawyers can help you create a strong case so that you get the compensation you're entitled to. We will collect and analyze your child's medical records and collaborate with experts to determine what transpired and why, file a claim against the hospital and the doctors responsible and negotiate with insurance companies to settle your claim (or make a claim should it be necessary) and then present your evidence and arguments a jury.

In many cases, the extent of the child's injury attorney near me is not evident until later on in life. In this case, the victims of birth trauma may confront attempts to discredit their claims by insisting that the injury should have been discovered earlier and that the statute of limitations has expired. Our firm has successfully fought these tactics in the past, securing millions of dollars in settlements for the victims and their families.

We will begin by meeting with you in person to discuss your case and determine whether it is meritorious. We will take the relevant medical records, and depose witnesses who can give statements under oath that can support your case. We will also, if capable of it, speak with your child to obtain their opinion on the consequences of the injury.

We will mail a demand letter with specific information about the injuries your child sustained and their impact on their quality of life to the hospital and doctors involved in the case. We will collaborate with the medical professionals' malpractice insurance providers to address any claim denials and negotiate a settlement for your claim. If a settlement is not reached then we will prepare for trial and engage experts to support your claim. We will pursue the maximum compensation that you are legally entitled to.

Medical Malpractice Cases

Medical malpractice lawsuits involve healthcare providers who commit mistakes during treatment that result in harm. These errors can be simple or life-changing. Even the most skilled doctors are susceptible to making mistakes. The most frequent causes of medical malpractice lawsuits are misdiagnosis, or a delayed diagnosis, childbirth-related injuries mistakes in surgery, medication mistakes, and anesthesia lapses. Certain specialties in healthcare are thought to be as being at risk for malpractice suits like OB/GYN or surgical specialties.

Some cases involving medical malpractice can be so horrendous that they attract national attention. CBS News, for example, reported on the case of a Mexican girl Jesica Santillan who was seventeen years old and needed a lung and heart transplant. The Duke University Medical Center in Durham, North Carolina agreed to perform the surgery. However the surgeons did not make sure that the donor's blood type was compatible with Jesica's. Because of this, Jesica was afflicted with a range of complications, including hemolytic uremic syndrome (HUS) sepsis, renal failure and multiple organ transplant rejections.

If a case of medical malpractice shows that the healthcare provider violated the standards of care and caused damage the patient may be entitled to both economic and non-economic damages. Medical bills and lost wages are considered economic damages. Other damages that are not economic include pain and discomfort as well as disfigurement. Punitive damages are also available depending on the circumstances.

Most doctors are required carry professional liability insurance. This helps reduce the risk of financial loss in the event of malpractice claims. The price of these policies can vary greatly depending on the doctor's area of practice.

Certain states have also enacted alternative dispute resolution programs to settle the malpractice claims. These processes usually replace a jury trial system with an arbitrator who hears both sides' arguments and then makes a final decision.

It is crucial to consult with a seasoned lawyer about your medical malpractice case if you think you've been hurt by a healthcare provider. A medical malpractice lawyer will guide you through the procedure to take a look at and review your medical records in order to determine whether there is an appropriate malpractice claim. Sobo & Sobo has talented attorneys at your disposal in Middletown, Monticello, NYC, Newburgh, Spring Valley, Poughkeepsie and all of Orange County, NY.

Statute of Limitations

Each state has its specific rules, exceptions and limitations. They differ depending on the type and amount of the claim. Medical malpractice attorneys are familiar with the laws of every state and can help ensure that a lawsuit is filed within the time period permitted for a particular case.

In the case of birth-related neurological injuries, the deadline to file a lawsuit usually is two and a half years after the date the injury was discovered. The time frame may be extended if the condition was treated for a long time. In cases of wrongful death the laws could be different.

The first step in a birth injury lawsuit is to get an initial consultation with an experienced lawyer. The lawyer will assess the case to determine if it's worth pursuing and if so, how to proceed. The lawyer will look over medical records and consult with medical experts to determine whether doctors or other healthcare providers were in compliance with the law.

A successful medical malpractice lawsuit typically includes an action for damages. The lawyer will consult with financial and medical experts in order to determine the appropriate amount. Typically, these include the cost of ongoing treatment and treatment for the child who has been injured. Other possible damages include the loss of enjoyment, which can be awarded when a child is not able to take part in the activities or hobbies they might otherwise be able to enjoy.

The lawyers will then file a lawsuit in the appropriate court. Parents become plaintiffs, and the hospitals, doctors and other healthcare providers are defendants. The legal process will involve a number of hearings and discovery sessions, during which the parties exchange information and conduct depositions. If the case is not resolved during the process the case will be taken to trial. The damages will be determined by a jury or judge. Depending on the quality of the evidence, the damages could be significant. The lawyers will work to obtain the most effective settlement for their clients. They will not accept any settlement that doesn't reflect the actual worth of their client's case.

Settlements

If you prevail in your case, your attorney will help you recover the damages that are rightfully owed to you. The amount is contingent on the injury, and your requirements. Included in this will be the cost of any future medical treatment as well as any loss of earnings or home modifications, and ongoing psychological or physical therapy. Your lawyer will consult with medical and financial experts to determine the proper amount.

The first step is to establish that a doctor was not following their ethical standards during the birth of your child. This is usually done by reviewing hospital records and bills to find out if there was mistakes.

Once this is done, your lawyer can submit an application to the malpractice insurance of the hospital or doctor. The package will contain a written statement explaining the severity of the accident and its impact on your family, as in addition to medical records and other documentation. The insurer will then either accept or decline the request and negotiate an agreement. Your attorney can start a lawsuit if insurance company refuses an offer that is reasonable.

It is important to know that most medical malpractice cases, including birth injury cases, settle outside of court. This is because doctors and hospital do not want to be a source of negative publicity if they are found guilty of medical malpractice. The process of bringing a lawsuit is long and involves a lot discovery, but a seasoned birth injury lawyer is able to gather and present the evidence to prove negligence occurred.

Your attorney injury lawyer will be able to manage 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 limit the amount they have to pay. Your lawyer can fight these tactics and present a convincing argument for you based on the facts.

Depending on the type of injury claims lawyers, some victims might qualify to enroll in New York's Medical Indemnity Fund. This program will reimburse your children for the cost associated with the birth injury. If the injuries were severe, however your lawyer might suggest that you pursue a trial with a jury and ask for more than you can get through a settlement.