How to File a Birth Injury Claim

If your child was injured at birth injury due to negligence on the part of a doctor, you could make a claim for compensation. Talk to a knowledgeable birth injury lawyer near me injury as the first step.

They will review your case to determine if there is enough evidence to support a suit. They will then gather medical records and expert testimony to build an argument that is convincing for you.

Birth Trauma Cases

The US is an advanced medical country however, the number of fatal or even serious injuries to infants remains alarming. These injuries can cause long-term consequences, including physical disabilities and developmental delays. When negligence by medical professionals causes these injuries, families are entitled to compensation that will allow them to live their lives to the fullest extent possible.

Our team of experienced birth trauma lawyers can assist you to build a strong case in order to receive the compensation you are entitled to. We will gather and analyze the medical records of your child, collaborate with experts to determine the circumstances that led to the incident you should make 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 present your evidence and arguments a jury.

In many instances, the full extent of the child's injury is not evident until later on in the course of. If this happens, the victims of birth trauma may confront attempts to discredit their claims by insisting that the injury should have been discovered sooner and the time limit for filing a claim has passed. Our firm has successfully fought these tactics in the past years, securing millions of dollars in settlements for victims.

We will first meet with you to discuss your situation in person and determine whether it's merits. We will collect the relevant medical records, and depose witnesses who are able to make statements under oath which can support your case. We will also speak with your child, if possible, to get their perspective on the impact of the injury.

We will submit a demand package to the hospitals and doctors involved in the matter, with details about your child's injury and its impact on their quality of life. We will collaborate with medical malpractice insurance companies in order to settle any claims denied and negotiate a settlement. If a settlement cannot be reached we will prepare for trial and employ expert witnesses to support your case. We will pursue the highest amount of compensation you are legally entitled to under the law.

Medical Malpractice Cases

Medical malpractice cases involve healthcare providers who commit mistakes during treatment that cause harm. These errors could be small or life-changing. Even the most knowledgeable doctors are susceptible to making mistakes. Medical malpractice lawsuits are most often the result of misdiagnosis, delayed diagnosis, injuries to the childbirth surgical errors medication errors, or anesthesia mistakes. Certain specialties in healthcare are thought to be as being at risk for malpractice suits, such as OB/GYN and surgical specialties.

Some instances of medical malpractice can be so horrific that they draw national attention. For instance, CBS News reported on the case of a 17 year old girl from Mexico named Jesica Santillan who needed a lung and heart transplant. The Duke University Medical Center, Durham, North Carolina, was willing to carry out the surgery. However, the surgeons failed to ensure that the blood type of the donor was compatible with Jesica's. This is why Jesica suffered from a myriad of complications that included hemolytic uremic syndrome (HUS) as well as sepsis, renal failure and multiple organ transplant rejections.

If a medical malpractice lawsuit proves that the healthcare provider acted in violation of the standards of care and caused damage, the patient could be entitled to both non-economic and economic damages. Medical bills and lost wages are economic damages. Non-economic damages include pain and suffering as well as disfigurement. Punitive damages are also available depending on the circumstances.

The majority of doctors are required to maintain professional liability insurance, which mitigates the financial risk of malpractice claims. However, the cost of these policies varies significantly and is dependent on the doctor's practice area.

Additionally, certain states have established alternative dispute resolution procedures to resolve malpractice claims. These programs generally replace a trial and jury system by an arbitration process that involves an impartial third party who listens to evidence from both sides and then makes a decision.

If you believe that you've been injured by medical professionals it is essential to speak with an experienced lawyer about your situation. A seasoned medical malpractice lawyer will guide you through the process of collecting and reviewing your medical records to determine whether you have a viable malpractice claim. Sobo & Sobo offers talented attorneys in Middletown, Monticello NYC, Newburgh Spring Valley, Poughkeepsie, and throughout 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 attorneys are familiar with the laws in every state and can help ensure that a lawsuit is filed within the time frame allowed for a specific case.

In the case of birth-related neurologic injuries the deadline for filing a lawsuit is usually two and a half years after the date that the injury was discovered. However, the timeline 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 attorney near me lawsuit is getting an initial consultation with an experienced attorney. The lawyer will assess the case to determine whether it is worth pursuing and if so what the best way to proceed. The lawyer will go through medical records 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 typically includes an action for damages. The Lawyer near me Injury will work with medical and financial experts to determine the appropriate amount to demand. These include the cost of ongoing care and treatment for the child. Loss of enjoyment of life is another possible injury. This may be awarded when a child is unable to participate in activities or take part in activities they would have otherwise been able to.

The lawyers will then file the lawsuit with the appropriate court. Parents will be plaintiffs, while the doctors, hospitals and other healthcare providers be the defendants. The legal process consists of a series of hearings, discovery, and depositions. If the case cannot be settled during the process the case will be taken to trial. The damages will be determined by a jury or judge. The amount of damages could be substantial depending on the strength and quantity of the evidence. They will do all they can to get the best settlement for their client. They will not accept a settlement that does not reflect the true value of a client's case.

Settlements

If you are successful in proving your case, your lawyer will assist you in recovering the damages that are rightfully owed to you. The amount you receive will depend on the severity of your good injury lawyers near me and your specific needs. Included in this will be the cost of any future medical treatment and any loss of income, modifications to your house and continuing psychological or physical therapy. Your attorney will collaborate with financial and medical experts to determine the right amount to request.

The first step is to establish that a doctor did not adhere to their standard of practice during the birthing process of your child. 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 hospital's or doctor's malpractice insurer. This will include a written statement explaining the severity of the accident and its impact on your family, as in addition to medical records and other evidence. The insurer will either accept or reject the demand, and then negotiate the settlement. If the insurance company refuses to give a reasonable amount, your lawyer 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 hospitals and doctors do not want to be a source of negative publicity if they are found guilty of medical malpractice. The process of filing a lawsuit can be long and requires lots of research, but an experienced lawyer injury near me for birth injuries knows how to gather the evidence to prove negligence.

Your attorney will be able to negotiate with medical professionals and their insurance companies. Insurance companies will attempt to delay a settlement and use every method to reduce the amount they have to pay. Your lawyer can fight these tactics and will be able to present a convincing argument based on the facts.

Based on the type of injury, some victims might be eligible to enroll in New York's Medical Indemnity Fund. This program reimburses your children for some of the expenses they have incurred because of the birth injury. If the injuries were serious the attorney may suggest that you go to an open jury trial and ask for a higher verdict than what you could receive as a settlement.