How to File a Birth Injury Claim

If your child sustained a birth injury because of negligence by a medical professional, you can seek compensation. Talk to a knowledgeable birth injury lawyer as a first step.

They will examine your case to determine if you have enough evidence to back the suit. They will then gather medical records and expert testimony to create a strong argument for you.

Birth Trauma Cases

The US is among the world's most medically advanced countries, but it has a high rate of serious and fatal injuries to infants. These injuries can have lifelong effects, including developmental delays and physical disabilities. When negligence by medical professionals causes these injuries, families should be entitled to compensation to enable them to live their lives fully.

Our team of experienced birth trauma lawyers can assist you to create a strong case to get the compensation you deserve. We will collect and analyze the medical records of your child, work with experts to understand what happened and why you need to submit a claim to the hospital and doctors responsible, negotiate with insurance companies to settle your claim (or file a lawsuit in the event of a lawsuit) and present your evidence and arguments the jury.

In many cases, the full extent of a child's injuries is not apparent until later in life. In these instances, the victims of birth injuries can be questioned about the validity of their claims based on the fact that the injury wasn't discovered sooner or that the statute of limitations has expired. Our firm has successfully fought against these tactics in the past, securing millions of dollars in settlements for victims and their families.

We will first meet with you to discuss your case in person and decide whether it is meritorious. We will collect the relevant medical records, and depose witnesses who are able to provide statements under oath that will support your case. We will also speak with your child, if it is possible, to get their opinion on the consequences of the injury claim lawyer.

We will submit an appeal package to the hospitals and doctors involved in the case, containing specific information regarding the injury your child sustained and its impact on their quality of life. We will work with medical professionals' malpractice insurers to resolve any claims denials and negotiate an agreement to settle your claim. If a settlement is not reached, we will prepare for trial and appoint experts to testify in your case. We will pursue the maximum amount of compensation you are legally entitled to.

Medical Malpractice Cases

Medical malpractice claims involve healthcare providers who commit mistakes during treatment that cause harm. These errors can range from simple to life-altering. Even the most experienced doctors are capable of making mistakes. The most common reasons for medical malpractice claims include misdiagnosis or a delayed diagnosis, injuries resulting from childbirth, medical errors, surgical errors, and anesthesia errors. Certain specialties in healthcare are thought to be to be at risk for malpractice lawsuits like OB/GYN or surgical specialties.

Some medical malpractice cases are so horrifying that they garner national attention. For example, CBS News reported on the case of a seventeen year old girl from Mexico named Jesica Santillan who required an organ transplant for her heart and lung. The Duke University Medical Center in Durham, North Carolina agreed to carry out the procedure. The surgeons failed to test to determine if the blood donor's type was compatible with Jesica. Jesica suffered numerous complications as a consequence of the surgery, including hemolytic-uremic syndrome (HUS) and renal failure, sepsis and multiple organ rejections.

If a medical malpractice case establishes that the healthcare provider acted in violation of the standard of care, and caused harm the patient could be entitled to both non-economic and economic damages. Medical expenses and lost wages are regarded as economic damages. Non-economic damages can include pain and discomfort and disfigurement. Based on the circumstances, punitive damages may also be available.

The majority of doctors are required to have professional liability insurance, which reduces their financial risk from malpractice claims. However, the price of these policies differs significantly and is dependent on the area of practice of the doctor.

In addition, some states have established alternative dispute resolution procedures to resolve malpractice claims. These procedures typically replace a trial and jury system with an arbitration procedure that involves a neutral third party who examines evidence from both sides and makes a decision.

If you believe that you've been injured by an healthcare professional It is crucial to speak with a seasoned lawyer about your situation. A medical malpractice lawyer will help you through the procedure to take a look at and review your medical records in order to determine if there is a valid 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's statute of limitations has its own rules and exemptions and they vary according to the type of claim. Medical malpractice lawyers are familiar with each state's laws and will make sure that a claim is filed within the deadline allowed for the 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 the injury was discovered. The time frame may be extended if the condition was treated for a long time. In the event of wrongful deaths the laws could be different.

A complimentary consultation with an experienced attorney is the first step to the filing of a lawsuit based on birth injury. The lawyer will review the claim to determine if it's worth pursuing, and should it be, if so, what to do. The lawyer will review medical documents and consult with medical experts to establish whether the healthcare providers or doctors providers acted properly.

A successful medical malpractice case will usually include an action for compensation. The lawyer will consult with financial and medical experts to determine the appropriate amount to ask for. Typically, these include the costs of any ongoing treatment or care for the child injured. Loss of enjoyment is another potential loss. This can be a result when a child cannot participate in activities or engage in activities they would have otherwise been able.

The lawyers will then file a lawsuit in the appropriate court. The parents will become plaintiffs, while the hospitals, doctors and other healthcare providers will become defendants. The legal process consists of a series of hearings as well as depositions, discovery, and hearings. If the case is not resolved during this process it will go to trial. The damages will be determined by the judge or jury. The damages could be significant dependent on the strength and quantity of evidence. They will do everything they can to obtain the most favorable settlement for their client. They will not accept a settlement that doesn't reflect the actual value of the case.

Settlements

Your lawyer will assist you to recover damages that you have a right to if you prevail in your case. The amount you receive will depend on the injury and your particular requirements. This includes the cost of any future medical treatment and any loss in earnings, any changes to your home, as well as ongoing physical or mental therapy. Your attorney will collaborate with financial and medical experts to determine the right amount to ask for.

The first step is to prove that a doctor violated their ethical standards during the birthing process of your child. This is often accomplished by reviewing hospital documents and bills to determine the malpractice.

After this is completed the lawyer can then submit an application to the malpractice insurance company of the hospital or doctor. This will include a statement describing the Injury Claims lawyers and how it affects you and your family, as well as medical records and other documents. The insurance company will then accept or decline the request and negotiate for a settlement. Your lawyer can start a lawsuit if insurance company rejects an offer that is reasonable.

It is vital to know that the majority of medical malpractice cases, like birth injury claims, are settled outside of court. It is because doctors and hospital do not want to be associated with negative publicity if they are found guilty of medical malpractice. The lawsuit process can be lengthy and involves a lot discovery, but an experienced birth injury lawyer knows how to gather and present the evidence in your case that proves negligence occurred.

Your lawyer will know how to negotiate with medical professionals and their insurance companies. Insurance companies will employ all tricks to delay settlements and even reduce the amount they are required to pay. Your lawyer can resist these pressure tactics, and will present a strong argument for you based on the facts.

Depending on the type of good injury lawyers near me, some victims might be eligible to join New York's Medical Indemnity Fund. This program reimburses your children a portion of the expenses they have incurred due to the birth injury. If the injuries were serious, however your lawyer might suggest that you pursue a trial with an jury and seek a larger verdict than you could receive through a settlement.