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How to File a Birth Injury Claim

If your child sustained a severe birth injury lawyers injury due to medical negligence, you may make a claim for compensation. Contact a seasoned birth injury attorney as a first step.

They will evaluate your case and decide if there is enough evidence to support a lawsuit. They will then gather medical records and testimonies from experts to build an argument that is strong for you.

Birth Trauma Cases

The US is an advanced medical country, but the rate of fatal and serious injuries to infants remains alarming. These injuries could have lifelong repercussions, including developmental delays, physical disabilities or even mental illness. Families deserve compensation when medical negligence causes these injuries.

Our experienced team of lawyers can help you create an argument that is strong enough to ensure you get the compensation you deserve. We will gather your child's medical records, then collaborate with experts to determine what happened, and why. We will then make a claim and discuss with insurance companies in order to settle your claim.

In many instances, the full extent of a child's injuries is not evident until later on in the course of. In these cases, victims of birth injuries can be asked to dismiss their claims based on the fact that the injury was not discovered sooner or that the statute of limitation is over. Our firm has successfully fought against these tactics in the past and secured millions of settlements for the victims.

We will first meet with you to discuss your situation in person and determine whether it is meritorious. We will collect the relevant medical records, and depose witnesses to provide statements under oath that will support your case. We will also interview your child, if we can, to get their opinion on the consequences of the injury.

We will send an order package that contains specific information about your child's injuries and the effects on their quality of life to the doctors and hospital involved in the case. We will collaborate with the medical professionals' malpractice insurance providers 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 hire experts to defend your case. We will pursue the highest amount of compensation you are entitled to under the law.

Medical Malpractice Cases

Medical malpractice claims involve healthcare providers who commit mistakes during treatments that cause harm. These errors can be simple or life-altering. A majority of these errors can be avoided, but even the most experienced doctors make mistakes. The most frequent reasons for medical malpractice claims include misdiagnosis or delayed diagnosis, childbirth-related injuries, mistakes in surgery, medication errors, and anesthesia mistakes. Certain specialties in healthcare like OB/GYNs, and surgical specialties, are thought to be at risk for malpractice lawsuits.

Some medical malpractice cases are so horrifying that they attract 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. The surgeons did not test to determine if the donor's type of blood was compatible with Jesica. Jesica was afflicted with numerous complications as a consequence which included hemolytic-uremic disorder (HUS) sepsis, renal failure and multiple organ rejections.

If a claim for medical malpractice establishes that a healthcare professional was not following the standard of care and caused harm, the patient may be entitled to both economic and non-economic damages. Economic damages may include medical expenses and lost wages. Non-economic damages include pain and discomfort and disfigurement. In certain circumstances, punitive damages may also be available.

Most doctors are required to carry professional liability insurance, which helps to reduce their financial risk from malpractice claims. The cost of these policies could vary widely based on the physician's field of practice.

In addition, certain states have also established alternative dispute resolution procedures to resolve malpractice claims. These procedures generally replace a trial and jury system by an arbitration process that consists of a neutral third party who examines evidence from both sides and makes a decision.

If you believe that you've been hurt by an healthcare professional it is essential to speak with an experienced lawyer about your case. A skilled medical malpractice lawyer will guide you through the process of collecting and reviewing your medical records to determine if you are eligible for a 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 its own rules and exceptions and they vary depending on the nature of claim. Medical malpractice lawyers are familiar with each state's laws and will make sure that a complaint was filed within the deadline allowed for the specific case.

For example, in cases involving neurological injuries caused by birth, the deadline for filing a lawsuit is usually 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 case of wrongful death, the laws may be different.

The first step in a affordable birth injury lawyer injury lawsuit is obtaining an initial consultation with an experienced lawyer. The lawyer will evaluate the case to determine whether it is worth the effort and, in the event that it is what the best way to proceed. The lawyer will look over medical records and consult with medical experts to determine whether medical professionals or other healthcare providers were in compliance with the law.

A successful medical malpractice lawsuit generally includes the possibility of claiming damages. The lawyer will consult with medical and financial experts to determine the appropriate amount to request. This will include the cost of ongoing treatment and care for the child. Loss of enjoyment is a different possibility of injury. This could be awarded when a child is unable to participate in activities or engage in hobbies they would otherwise have been able to.

The lawyers will then file the lawsuit in the appropriate court. The parents will become plaintiffs, and hospitals, doctors and other healthcare providers will be the defendants. The legal representation for birth injuries process will entail a number of hearings and discovery sessions, during which parties exchange information and conduct depositions. If the case cannot be settled during the process it will go to trial. The damages will be determined by a jury or judge. Depending on the strength of the evidence, damages could be significant. Lawyers will work to negotiate the most favorable settlement for their clients. They will not accept any settlement that doesn't reflect the true worth of their client's case.

Settlements

If you win your case, your lawyer will help you recover the amount of damages due to you. The amount is contingent on the severity of the injury and your needs. Included in this amount is the cost of future medical treatment and any loss of income, modifications to your house and ongoing physical or psychological therapy. Your attorney will work with medical and financial experts to determine the right amount to ask for.

The first step is to demonstrate that a doctor violated their standard of care during the birth of your child. Often, this is done by looking over medical bills and hospital bills to determine if there was any malpractice.

After this is done after which your lawyer can submit a demand package to the doctor's or hospital's malpractice insurer. The demand package should include a written explanation of the severity of the accident and its impact on your family as in addition to medical records and other documents. The insurer will either accept or deny the request and negotiate for a settlement. If the insurance company refuses to provide a fair amount, your attorney may file an action.

It is important to note that most medical malpractice cases, which includes birth injury claims, are settled outside of court. This is because hospitals and doctors do not want negative publicity in the event that they are found to have made medical errors. The lawsuit process can be lengthy and involves a lot investigation, but a skilled birth injury lawyer is able to gather and present the evidence in your case to prove negligence occurred.

Your attorney will also know how to handle any negotiations with the medical providers and their insurers. Insurance companies try to delay a settlement and use every trick they can to minimize the amount they have to pay. Your lawyer can stop these tactics and will be able to present a convincing argument for you based on the facts.

Some victims might be eligible for enrollment in New York’s Medical Indemnity Fund, depending on the type and severity of their injury. This program will reimburse your children for a portion of their expenses related to the birth injury. However, if the injuries were serious, your attorney may recommend that you pursue an open jury trial and seek a greater verdict than the one you receive in the settlement.