How to File a Birth Injury Claim

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

They will review your case and decide if there is enough evidence to justify the possibility of filing a lawsuit. They will then collect medical records and expert testimony to make a strong argument for you.

Birth Trauma Cases

The US is one of the most advanced medically advanced nations, but it still has a troubling rate of serious and fatal birth injuries for newborns. These injuries can have long-lasting effects, including developmental delays and physical disabilities. Families should be compensated when medical negligence causes these injuries.

Our team of experienced lawyers will help you build an effective case to ensure that you receive the compensation you're entitled to. We will collect your child's records, collaborate with experts to determine what happened and the reasons behind it. We will then file a claim and discuss with insurance companies to resolve your claim.

In many instances, the full extent of a child's injuries is not evident until later on in life. In these cases, victims of birth injury lawyer fees injuries can be asked to drop their claims on the grounds that the injury wasn't discovered sooner or that the statute of limitations has passed. Our firm has successfully fought against these tactics in the past, securing millions in settlements for the victims.

We will start by meeting you in person to discuss your case and determine whether it is a valid argument. We will gather the relevant medical records and call witnesses who can provide statements under oath in support of your case. We will also interview your child, if possible, to get their opinion on the consequences of the injury.

We will send a demand package containing detailed information on your child's injuries and their effects on their quality of life to the hospital and doctors involved in the case. We will work with medical professionals' malpractice insurers to resolve any denials of claim and negotiate a settlement for your claim. If a settlement is not reached we will prepare for trial and appoint expert witnesses to support your case. We will seek the maximum amount of compensation to which you are legally entitled to.

Medical Malpractice Cases

Medical malpractice claims are brought by healthcare professionals who make errors in treatment that cause harm. These mistakes can be minor or life-altering. Even the most knowledgeable doctors can make mistakes. Medical malpractice lawsuits are most often the result of misdiagnosis, delay in diagnosis, childbirth injuries, surgical mistakes and medication errors as well as anesthesia errors. Certain specialties in healthcare are thought to be to be at risk for malpractice lawsuits, such as OB/GYN and surgical specialties.

Some cases involving medical malpractice can be so horrendous that they capture national attention. For example, CBS News reported on the case of a 17 year old girl from Mexico named Jesica Santillan who needed an organ transplant for her heart and lung. The Duke University Medical Center, Durham, North Carolina, agreed to perform the operation. However the surgeons did not make sure that the blood type of the donor was compatible with Jesica's. Jesica was afflicted with multiple complications as a result of the surgery, including hemolytic-uremic syndrome (HUS), renal failure, sepsis and multiple organ rejections.

If a case of medical malpractice proves that the healthcare provider violated the standard of care and caused damage the patient could be entitled to both non-economic and economic damages. Medical expenses and lost wages are considered economic damages. Non-economic damages include pain and suffering as well as disfigurement. Punitive damages can also be obtained in the event of an incident.

Most doctors are required to have professional liability insurance. This helps reduce their financial risk in the event of malpractice claims. However the cost of these policies can vary widely and can be contingent on the area of practice of the doctor.

Additionally, certain states have created alternative dispute resolution programs for resolving malpractice claims. These processes typically replace a trial and jury system with an arbitration procedure that involves an impartial third party who hears evidence from both sides and then makes an informed decision.

It is crucial to speak with an experienced lawyer regarding your medical malpractice case if think you've been hurt by a healthcare provider. A seasoned medical malpractice attorney can assist you in the process of gathering and reviewing your medical documents to determine if you have a valid malpractice claim. Sobo & Sobo offers talented attorneys in Middletown, Monticello NYC, Newburgh Spring Valley, Poughkeepsie and all over Orange County, NY.

Statute of Limitations

Each state has its specific rules, exceptions and limitations. They vary depending on the nature and amount of the claim. Medical malpractice lawyers are acquainted with the laws of every state and can help ensure that a lawsuit is filed within the timeframe permitted for a particular case.

For example, in cases involving neurological injuries that result from birth the deadline to file a lawsuit typically is two and one-half years from the time the injury was discovered. However, the timeframe could be longer if there was continuous treatment for the condition. In the case of wrongful death the law could differ.

A no-cost consultation with a reputable attorney is the first step to filing a lawsuit for severe birth injury lawyers injuries. The lawyer will assess the case to determine if it's worth pursuing and should it be what steps to take. The lawyer will go through medical documents and consult with medical experts to determine whether the doctors or other healthcare providers performed their duties properly.

A successful medical malpractice lawsuit will usually include the possibility of a claim for compensation. The lawyer will consult with medical and financial experts to determine the appropriate amount to demand. These include the costs of ongoing treatment and care for the child. Other potential damages include the loss of enjoyment, which can be awarded when the child is unable to take part in sports or activities that they would otherwise be able to enjoy.

The lawyers will then file a lawsuit in the appropriate court. The parents will be the plaintiffs, and the doctors, hospitals, and other healthcare providers become defendants. The legal representation for birth injuries process will include a number of hearings and discovery sessions, during which parties exchange information and conduct depositions. If the case cannot be resolved during the process the case will be taken to trial. The damages will be determined by the judge or jury. Depending on the quality of the evidence, the damages could be significant. They will do all they can to obtain the best settlement for their client. They will not accept any settlement that does not reflect the true value of a client's case.

Settlements

If you are successful in proving your claim, your attorney will assist you in obtaining the amount that is legally due to you. The amount depends on the nature of your injury, as well as your requirements. Included in this will be the cost of any future medical treatment and any loss of income and home improvements and ongoing physical or psychological therapy. Your attorney will consult with financial and medical experts to determine the right amount.

The first step is proving that a doctor was not following their standards of practice during the birthing process of your child. This is usually done by reviewing hospital records and bills to identify mistakes.

Once this has been accomplished the attorney can then submit a demand package to the doctor's or hospital's malpractice insurer. This will include a statement describing the injury and how it affects your family, as well as medical records and other documents. The insurance company will either accept or deny the request and then negotiate the settlement. If the insurance company refuses to give a reasonable amount, your attorney can start an action.

It is vital to know that the majority of medical malpractice cases, including birth injury claims, are settled outside of court. This is because doctors and hospitals do not want to be branded as negative if they are found to have made medical errors. The lawsuit process is lengthy and requires an extensive amount of research, but a seasoned lawyer for licensed birth injury attorneys injuries is able to gather evidence to prove negligence.

Your lawyer will be able to manage any negotiations with the medical professionals and their insurers. Insurance companies will employ all tricks to delay settlements and reduce the amount they have to pay. Your lawyer can fight these tactics and will be able to present a convincing argument based on your facts.

Some victims may be eligible to enroll in New York’s Medical Indemnity Fund, depending on the severity and type of their injuries. This program will reimburse your children for the cost related to the birth injury. If the injuries were serious, however your lawyer might suggest pursuing the possibility of a trial before jurors and request an amount greater than what you would receive in settlement.