How to File a Birth Injury Claim

If your child was injured at birth injury because of negligence by a medical professional, you can file a claim for compensation. The first step is to talk with a skilled birth injury lawyer.

They will review your case to determine if there's enough evidence to back the suit. They will then gather medical records and expert testimony to make a strong argument for you.

Birth Trauma Cases

The US is among the most advanced medically advanced nations, but it has a high rate of fatal and serious birth injuries for newborns. These injuries may result in lasting effects, such as physical disabilities, developmental delays as well as mental illness. When negligence by medical professionals causes these injuries, families should be entitled to compensation to help them live their lives to the fullest.

Our team of skilled lawyers will help you build an effective case to ensure that you receive the compensation you deserve. We will collect and analyze the medical records of your child, work with experts to understand what transpired and why you should submit a claim to the hospital and doctors responsible and negotiate with insurance companies to settle your claim (or file a lawsuit should it be necessary) and present your evidence and arguments to a jury.

In many instances, a child's complete extent of injury will only become evident later 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 identified sooner and that the time limit for filing a claim has passed. 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 you in person to discuss your case and determine whether it is a valid argument. We will collect the relevant medical records and depose any witnesses who can give statements under oath in support of your case. We will also, if you are capable of it, speak with your child to get their perspective about the effects of the injury.

We will send a demand letter with details about the injuries your child sustained and their impact on his or her quality of life to the doctors and hospital involved in the case. We will collaborate with medical malpractice insurers in order to resolve any denials of claims and negotiate a settlement. If a settlement is not reached then we will prepare to go to trial and employ experts to defend your claim. We will seek the maximum amount of compensation you are legally entitled to under the law.

Medical Malpractice Cases

Medical malpractice cases include healthcare providers who make mistakes during treatments that cause harm. These errors can range from simple to life-changing. A majority of these errors are avoidable but even the most experienced doctors make mistakes. Medical malpractice lawsuits are most often the result of misdiagnosis, delayed diagnosis, childbirth injuries, surgical mistakes, medication errors, or anesthesia mistakes. Certain healthcare specialties like OB/GYNs and surgical specialties are deemed to be at risk for malpractice lawsuits.

Some cases involving medical negligence can be so horrendous that they draw national attention. CBS News, for example has reported on the incident that involved a Mexican girl named Jesica Santillan aged seventeen who required a heart and lung transplant. The Duke University Medical Center, Durham, North Carolina, accepted to perform the surgery. However the surgeons were unable to ensure that the donor's blood type was compatible with Jesica's. This is why Jesica was afflicted with a range of complications that included hemolytic uremic syndrome (HUS) sepsis, renal failure and multiple organ transplant rejections.

If a medical malpractice case establishes that a healthcare professional deviated from the standard of care and incurred damages the patient could be entitled to both economic and non-economic damages. Economic damages can include medical bills and lost wages. Non-economic damages include pain and suffering as well as disfigurement. In addition, punitive damages are available dependent on the circumstances.

Most physicians are required to have professional liability insurance, which helps to reduce their financial risk from malpractice claims. However, the price of these policies differs greatly and may be dependent on the doctor's practice area.

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

It is important to speak with an experienced lawyer near me injury regarding your medical malpractice case if think you've been hurt by a healthcare professional. A medical malpractice lawyer will guide you through the process to collect and analyze your medical records to determine if there's an actual malpractice claim. Sobo & Sobo offers talented lawyers in Middletown, Monticello NYC, Newburgh Spring Valley, Poughkeepsie and all over Orange County, NY.

Statute of Limitations

Each state's statute of limitations has specific rules and exceptions, and they vary based on the type of claim. Medical malpractice lawyers are acquainted with the laws of each state and will help ensure that a claim is filed within the time frame that is allowed for a particular case.

For example, in cases involving birth-related neurological injuries the deadline for filing a lawsuit is generally two and one-half years from the date that the injury was discovered. The timeframe may be extended if a condition was treated for a long time. In the event of wrongful deaths the law could differ.

The first step in a birth injury lawsuit is to get a free consultation with an experienced lawyer. The lawyer will evaluate the claim to determine if it's worth pursuing, and in the event that it is, what you should do. The lawyer will review medical records and consult with medical experts to establish whether the healthcare providers or doctors providers acted properly.

A successful medical malpractice lawsuit will usually include the possibility of a claim for compensation. The lawyer will consult with financial and medical experts in order to determine the proper amount. Most often, this includes the costs of any ongoing treatment or treatment for the child who has been injured. Loss of enjoyment of life is a different possibility of injury. This can be a result when a child is unable in activities or engage in hobbies that they otherwise would have been able.

The lawyers will then file a lawsuit with the appropriate court. The parents will become the plaintiffs, and the hospitals, doctors and other healthcare providers become the defendants. The legal process will entail numerous hearings and discovery sessions, during which parties discuss information and depositions. If the case isn't resolved during this process it will go to trial. The damages will be awarded by a jury or judge. The amount of damages can be substantial dependent on the strength and amount of evidence. They will do all they can to get the most advantageous settlement for their client. They will not accept a settlement that does not reflect the real value of a client's case.

Settlements

If you win your case, your attorney will assist you in obtaining the damages that are rightfully due to you. The amount is contingent on the injury, and your needs. Included in this amount is the cost of any future medical treatment as well as any loss of earnings, modifications to your house, and ongoing physical or psychological therapy. Your lawyer will consult with medical and financial experts to determine the proper amount.

The first step is to prove that a doctor did not adhere to their standards of practice when delivering your child. Often, this is done by reviewing hospital bills and medical records to determine if there was any mistakes.

Once this is done, your lawyer can submit an application to the malpractice insurance company of the hospital or doctor. This should include a letter describing the injury and the impact it has on your family, along with medical records and other evidence. The insurer will either agree or deny the request and then negotiate an agreement. Your attorney can start a lawsuit if insurance company refuses an offer that is reasonable.

It is important to remember that the majority of medical malpractice cases, such as birth injury cases, settle outside of court. It is because hospitals and doctors don't want to be a source of negative publicity if they are found guilty of medical malpractice. The lawsuit process can be lengthy and requires a lot of research, but a seasoned lawyer for birth injuries will know how to gather evidence to prove negligence.

Your lawyer will know how to negotiate with medical providers and their insurance companies. Insurance companies will attempt to delay a settlement and use every trick in the book to reduce the amount they are obligated to pay. Your lawyer will be able to fight these tactics and present a convincing argument for you with the help of your facts.

Some victims might be eligible to join New York’s Medical Indemnity Fund, depending on the nature and severity of their injury lawyer near me. This program will pay your children some of the expenses associated with the birth injury. If the injuries were serious, however your lawyer might suggest that you pursue an appeal before an jury and seek more than you could receive through settlement.