How to File a Birth Injury Claim

You could be entitled to compensation If your child was injured during birth because of medical negligence. The first step is to consult with a skilled birth injury lawyer.

They will evaluate your case and decide if there is enough evidence to justify a lawsuit. They will then collect medical documents and expert testimony to make an argument that is convincing for you.

Birth Trauma Cases

The US is a medically advanced nation however the prevalence of serious and even fatal injuries to infants remains alarming. These injuries may result in lasting effects, such as physical disabilities, developmental delays or even mental illness. If medical negligence is the cause of these injuries, families should be entitled to compensation to help them live their lives to the fullest.

Our experienced team of lawyers will help you build a strong case so that you receive the compensation you deserve. We will collect and analyze the medical records of your child and collaborate with experts to determine what happened and why, file a claim against the hospital and doctors responsible and negotiate with insurance companies to settle your claim (or file a lawsuit should it be necessary) and then present your evidence and arguments before jurors.

In many cases, the full extent of a child's injury attorneys near me is not evident until later on in life. When that occurs, victims of birth trauma could face attempts to dismiss their claims by arguing that the injury should have been identified earlier and the statute of limitations has expired. Our firm has successfully fought against these tactics in the past, securing millions of dollars in settlements for the victims and their families.

We will start by meeting you in person to discuss your case and determine whether it is a valid argument. We will gather relevant medical records and interview witnesses who are able to give statements under oath to back your case. We will also, if capable of it, speak with your child to find out their perspective about the effects of the injury.

We will send an order package that contains detailed information on your child's injuries and their impact on their quality of life to the doctors and hospitals involved in the case. We will collaborate with the medical professionals' malpractice insurers to resolve any denials of claim and negotiate an agreement to settle your claim. If a settlement isn't reached we will prepare for trial and engage experts to support your claim. We will seek the maximum compensation that you are legally entitled to.

Medical Malpractice Cases

Medical malpractice cases involve healthcare providers who commit errors during treatment that cause harm. These mistakes can range from simple to life-changing. Even the most skilled doctors can make mistakes. The most common causes of medical malpractice claims are misdiagnosis, or a delayed diagnosis, childbirth-related injuries mistakes in surgery, medication mistakes, and anesthesia lapses. Certain healthcare specialties are to be at risk for malpractice lawsuits, such as OB/GYN and surgical specialties.

Some cases involving medical malpractice can be so horrific that they capture 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, Durham, North Carolina, was willing to carry out the surgery. The surgeons did not examine the donor's type of blood 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 claim for medical malpractice proves that a healthcare provider deviated from the standard of care and incurred damages the patient could be entitled to both economic and non-economic damages. Economic damages may include medical expenses and lost wages. Non-economic damages include pain and suffering and disfigurement. Based on the circumstances, punitive damages may also be available.

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

Additionally, certain states have also established alternative dispute resolution programs to settle malpractice claims. These procedures generally replace a trial and jury system by an arbitration process that consists of a neutral third party that hears evidence from both sides before making the decision.

If you suspect that you have been injured by medical professionals it is essential to speak with a seasoned lawyer regarding your case. A seasoned medical malpractice attorney can guide you through the process of gathering and reviewing your medical documents to determine if you have a valid malpractice claim. Sobo & Sobo has talented attorneys available in Middletown, Monticello, NYC, Newburgh, Spring Valley, Poughkeepsie and all of Orange County, NY.

Statute of limitations

Each state's statute of limitation has specific rules and exceptions 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 has been filed within the deadline allowed for the specific case.

In the case of birth-related neurologic injuries, the deadline to file a lawsuit is typically two and a quarter years from the time the injury was discovered. However, the timeframe may be longer if there was continuous treatment for the condition. The laws may also be different in cases of wrongful death.

The first step in a birth injury lawsuit is getting an initial consultation with an experienced attorney. The lawyer will evaluate the case to determine if it's worth the effort and, if so, how to proceed. The lawyer will look over medical documents and consult with medical experts to determine whether the medical professionals or other healthcare providers were able to perform their duties.

A successful medical malpractice lawsuit usually includes an action for damages. The lawyer will consult with financial and medical experts to determine the appropriate amount. In most cases, this will include the costs of any ongoing treatment or care for the child injured. Other possible damages include the loss of enjoyment of life, which can be awarded when the child isn't able to take part in activities or hobbies they would have otherwise been capable of enjoying.

The lawyers will then file a lawsuit in the appropriate court. The parents become plaintiffs and the doctors, hospitals and other healthcare providers are defendants. The legal process consists of hearings discovery, depositions, and hearings. If the case is not settled during the process the case will be taken to trial. The damages will be awarded by the judge or jury. Based on the quality of the evidence, damages could be significant. The lawyers will work to negotiate the most favorable settlement for their clients. They will not accept any settlement offer that does not reflect the real value of their client's situation.

Settlements

Your attorney will help you obtain the damages you are entitled to if you prevail in your case. The amount will depend on the injury and your particular requirements. Included in this figure is the cost of future medical treatment as well as any loss of earnings, modifications to your house and continuing psychological or physical therapy. Your attorney will collaborate with medical and financial experts to determine the right amount to ask for.

The first step is to establish that a doctor violated their standard of care when your child was born. This is typically done by reviewing hospital records and bills to find out if there was the malpractice.

After this is done the attorney can then send a demand form to the doctor's or hospital's malpractice insurance. 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 for a settlement. Your lawyer may start a lawsuit if insurance company rejects an offer that is reasonable.

It is important to know that most medical malpractice cases, including birth injury claims, are settled out of court. This is because hospitals and doctors do not want to be branded as negative if they are found to have committed medical malpractice. The lawsuit process can be lengthy and involves a lot of discovery, but an experienced birth injury lawyer is able to gather and present the evidence in your case that proves negligence took place.

Your attorney will be able to negotiate with medical professionals and their insurance companies. Insurance companies will attempt to delay a settlement and employ every trick they can to limit the amount they have to pay. Your lawyer will be able to resist these pressure tactics and make a convincing argument for you based on the specifics of your situation.

Based on the nature of injury, some victims could be eligible to join New York's Medical Indemnity Fund. This program will reimburse your children for a portion of their expenses related to the birth injury attorneys near me. If the injuries were severe However your lawyer injury near me might suggest pursuing an appeal before a jury and ask for a larger verdict than you would receive in settlement.