How to File a Birth Injury Claim

You may be entitled to compensation when your child was injured during birth due to medical negligence. The first step is to consult with a skilled birth injury lawyer for injurys near me.

They will evaluate your case and decide if there is enough evidence to support the filing of a lawsuit. They will then collect medical records and testimony from experts to construct an argument that is strong for you.

Birth Trauma Cases

The US is one of the world's most advanced medically advanced nations, but it has a troubling rate of fatal and serious injuries to newborns. These injuries can have lifelong effects, including physical disabilities and developmental delays. Families are entitled to compensation when medical negligence leads to these injuries.

Our team of skilled birth trauma lawyers can help you build a strong case in order to be compensated for the damages you deserve. We will gather the records of your child, and consult with specialists to discover the circumstances that led to the incident, and what caused it. We will then file claims and negotiate with insurance companies in order to resolve your claim.

In most cases, a child's full extent of the injury becomes apparent later in the course of their lives. When that occurs, victims of birth trauma could face attempts to dismiss their claims by arguing that the injury should have been discovered earlier and the statute of limitations has expired. Our firm has successfully fought against these tactics in the previous and secured millions of settlements for victims.

We will first meet with you to discuss your case in person and determine whether it is meritorious. We will collect the relevant medical records and interview any witnesses who can give statements under oath to back your case. We will also speak with your child, if we can, to get their perspective on the effects of the injury.

We will deliver a demand package containing specific information about 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 address any claim denials and negotiate an agreement to settle your claim. If a settlement cannot be reached then we will prepare to go to trial and employ experts to prove your case. We will seek the maximum amount of compensation you are legally entitled to under the law.

Medical Malpractice Cases

Medical malpractice claims are made by healthcare professionals who make errors during treatment and cause harm. These errors can be simple or life-changing. A lot of these mistakes are avoidable, but even the most skilled doctors make mistakes. The most frequent causes of medical malpractice claims include misdiagnosis or a delayed diagnosis, childbirth-related injuries surgical errors, medication errors, and anesthesia mistakes. Certain specialties in healthcare like OB/GYNs, and surgical specialties, are thought to be at a high risk for malpractice lawsuits.

Some medical malpractice cases are so horrifying that they draw national attention. For instance, CBS News reported on the case of a seventeen year old girl from Mexico named Jesica Santillan, who required a heart and lung transplant. The Duke University Medical Center in 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 suffered multiple complications as a result of the surgery, including hemolytic-uremic syndrome (HUS), renal failure, sepsis and multiple organ rejections.

If a medical malpractice case establishes that a healthcare professional did not follow the standard of care and caused harm the patient may be entitled to both economic and non-economic damages. Medical bills and lost wages are considered economic damages. Non-economic damages can include pain and discomfort as well as disfigurement. Based on the circumstances, punitive damages could also be available.

The majority of doctors are required to maintain professional liability insurance, which mitigates the financial risk of malpractice claims. The cost of these policies could differ greatly based on the doctor's area of practice.

Certain states have also enacted alternative dispute resolution procedures to settle claims of malpractice. These procedures typically replace a jury trial by an arbitrator who reviews both sides' arguments and then renders a final ruling.

It is important to talk to an experienced lawyer injury about your medical malpractice case if think you've been injured by a healthcare provider. A seasoned medical malpractice lawyer will guide you through the process of gathering and analyzing your medical documents to determine if you have a valid malpractice claim. Sobo & Sobo has talented lawyers available in Middletown, Monticello, NYC, Newburgh, Spring Valley, Poughkeepsie and all of Orange County, NY.

Statute of Limitations

Each state has its own rules, exceptions, and limitations. They differ based on the type and amount of the claim. Medical malpractice lawyers are acquainted with the laws of each state and will ensure that a complaint is filed within the time frame allowed for a specific case.

For instance, in cases involving birth-related neurological injuries, the deadline for filing a lawsuit typically is two and two and a half years after the date that the injury was discovered. However, the timeframe could be longer if there was ongoing treatment for the condition. In the case of wrongful death the law could differ.

A no-cost consultation with a reputable lawyer is the first step towards the filing of a lawsuit based on birth injury. The lawyer will review the case to determine if it's worth pursuing and, should it be what steps to take. The lawyer will go through the medical records and consult medical experts to determine if doctors or other healthcare professionals behaved properly.

A successful medical malpractice case will usually include a claim for compensation. The lawyer will work with financial and medical experts to determine an appropriate amount to demand. Most often, this includes the cost of ongoing treatment and treatment for the child who has been injured. Loss of enjoyment is a different possibility of injury. This may be awarded when a child cannot participate in activities or take part in hobbies they would otherwise have been able to.

The lawyers will then file a lawsuit with the appropriate court. Parents become plaintiffs, and the hospitals, doctors and other healthcare providers become defendants. The legal process involves a series of hearings as well as depositions, discovery, and hearings. If the case is not settled during this process the trial will be held. The jury or judge will award the damages. Based on the strength of the evidence, the damages could be substantial. They will do everything they can to secure the most favorable settlement for their client. They will not accept any settlement offer that does not reflect the true value of a client's case.

Settlements

Your attorney injury lawyer will help you get the compensation you are entitled to if win your case. The amount is contingent on the nature of your injury, as well as your requirements. This includes the cost of future medical treatment and any loss in earnings, changes to your home, and continuing physical or mental therapy. Your attorney will consult with medical and financial experts to determine an appropriate amount to ask for.

The first step is to prove that a doctor did not adhere to their ethical standards when delivering your child. This is usually done by looking over hospital documents and bills to determine malpractice.

Once this has been accomplished the attorney can then send a demand form to the doctor's or hospital's malpractice insurer. The package will contain an explanation in writing of the nature of the injury claims lawyers and its effect on your family, as in addition to medical records and other documents. The insurance company will either accept or reject the demand, and negotiate a settlement. Your attorney can start a lawsuit if insurer refuses to accept an offer that is reasonable.

It is important to know that the majority of medical malpractice cases, which includes birth injury claims, are settled outside of court. This is due to the fact that doctors and hospitals do not want to be branded as negative in the event that they are found to have committed medical malpractice. The process of suing is lengthy and requires lots of research, but an experienced lawyer for birth injuries will know how to gather the evidence that proves negligence.

Your lawyer will be able to negotiate with medical providers and their insurance companies. Insurance companies will try to delay settlements and employ every method to reduce the amount they have to pay. Your lawyer will be able to fight these tactics and present a strong argument for you based on the facts of your individual situation.

Based on the nature of injury, some victims may be eligible to join New York's Medical Indemnity Fund. This program will reimburse your children for some of the costs they incurred due to the birth injury. If the injuries were severe your lawyer may recommend that you pursue an open jury trial and request a higher verdict than what you could receive as a settlement.