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How to File a Birth Injury Claim

If your child suffered a birth injury due to negligence by a medical professional, you can file a claim for compensation. Contact a seasoned birth injury lawyer as a first step.

They will review your case to determine if there is sufficient evidence to support the filing of a lawsuit. They will then collect medical records and witness statements from experts to construct an argument that is strong for you.

Birth Trauma Cases

The US is an advanced medical country however the prevalence of fatal or even serious injuries to infants is still alarming. These injuries can have long-lasting effects, including developmental delays and physical disabilities. When medical negligence causes these injuries, families should be entitled to compensation to enable them to live their lives to the fullest.

Our team of skilled qualified birth injury lawyer trauma lawyers can help you create a strong case to receive the compensation you're entitled to. We will review and gather the medical records of your child, work with experts to understand what transpired and why, file a claim against the hospital and the doctors responsible and negotiate with insurance companies to settle your claim (or make a claim should it be necessary) and present your evidence and arguments to jurors.

In many instances, the full extent of a child's injuries is not evident until later on in the course of. When that occurs, those who suffer from birth injury lawsuit process trauma may face attempts to dismiss their claims by insisting that the injury should have been identified sooner and the statute of limitations has run out. Our firm has successfully fought these tactics in the past and secured millions of settlements for victims.

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

We will present an appeal package to the doctors and hospitals involved in the case, containing specific information regarding your child's injury and its impact on their quality of life. We will collaborate with medical malpractice insurance companies to settle any claims denied and negotiate an agreement. If a settlement cannot be reached, we will prepare for trial and hire expert witnesses to support your case. We will pursue the maximum amount of compensation you are legally entitled to.

Medical Malpractice Cases

Medical malpractice claims are made by healthcare professionals who make errors during treatment, causing harm. These errors can be simple or life-altering. A majority of these errors are avoidable but even the most competent doctors make mistakes. Medical malpractice claims are often caused by misdiagnosis, delayed diagnosis, injuries to the childbirth or surgical mistakes medication errors, or anesthesia errors. Certain healthcare specialties like OB/GYNs, and surgical specialties, are considered to be at a high risk for malpractice lawsuits.

Some medical malpractice cases are so shocking that they attract national attention. CBS News, for example covered the case that involved a Mexican girl named Jesica Santillan aged seventeen who required a heart and lung transplant. The Duke University Medical Center in Durham, North Carolina agreed to carry out the procedure. The surgeons didn't test to determine if the blood type of the donor was compatible with Jesica. She suffered from numerous complications as a result of the surgery, including hemolytic-uremic syndrome (HUS) sepsis, renal failure and multiple organ rejections.

If a medical malpractice claim shows that a healthcare provider did not follow the standard of care and incurred damages the patient may be entitled to both economic and non-economic damages. Medical expenses and lost wages are considered economic damages. Non-economic damages can include pain and discomfort as well as disfigurement. Punitive damages can also be obtained dependent on the circumstances.

Most doctors are required to maintain professional liability insurance, which helps to reduce their financial risk from malpractice claims. However the cost of these policies varies widely and can be contingent on the physician's practice area.

In addition, some states have created alternative dispute resolution programs to settle malpractice claims. These programs typically replace a jury trial by an arbitrator who reviews both sides' evidence and then makes a final decision.

It is crucial to talk to an experienced lawyer regarding your medical malpractice claim if you think you've been injured by a healthcare professional. A medical malpractice lawyer can guide you through the procedure to take a look at and review your medical records in order to determine if there's 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's statute of limitation has specific rules and exceptions and they vary based on the type of claim. Medical malpractice lawyers are familiar with the laws of each state and will make sure that a complaint is filed within the time frame allowed for the specific case.

In the case of birth-related neurologic injuries the deadline for filing a lawsuit is typically two and a quarter years after the date the injury was discovered. However, the timeframe could be longer if there was continuous treatment for the condition. In cases of wrongful death the law could be different.

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

A successful medical malpractice lawsuit generally includes an action for damages. The lawyer will work with medical and financial experts to determine the right amount to request. This includes the cost of ongoing treatment and care for the child. Other potential damages include the loss of enjoyment that may be awarded if the child isn't able to participate in activities or hobbies they would otherwise be capable of enjoying.

The lawyers will then file the lawsuit in the appropriate court. Parents become plaintiffs, and the doctors, hospitals and other healthcare providers are defendants. The legal process will involve several hearings and discovery, in which the parties exchange information and take depositions. If the case is not resolved during this process it will go to trial. The jury or judge will decide on the amount of damages. Based on the strength of the evidence, damages could be significant. The lawyers will try to negotiate the most favorable settlement for their clients. They will not accept any settlement that does not reflect the real value of their client's case.

Settlements

If you are successful in proving your case, your lawyer will assist you in obtaining the amount of damages due to you. The amount is contingent on the severity of the injury and your needs. This includes the cost of any future medical treatment and any loss in earnings, any changes to your home, and ongoing physical or mental therapy. Your attorney will consult with medical and financial experts to determine the right amount.

The first step is to demonstrate that a doctor did not adhere to their standards of care during the Award-Winning Birth Injury Attorney of your child. Often, this is accomplished by examining hospital bills and medical records to determine if there was any the malpractice.

Once this has been accomplished after which your lawyer can send a demand packet to the doctor's or hospital's malpractice insurer. This should include a letter describing the injury and how it affects you and your family, as well as medical records and other documentation. The insurance company will either accept or deny the request and negotiate a settlement. If the insurance company is unwilling to provide a fair amount, your attorney may start an action.

It is vital to know that the majority of medical malpractice cases, like birth injury claims, are settled out of court. This is because hospitals and doctors do not want to be branded as negative when they are discovered to have committed medical mistakes. The lawsuit process can be lengthy and involves a lot of discovery, but a seasoned birth injury legal options injury lawyer is able to gather and present the evidence in your case that proves obstetrics negligence attorney occurred.

Your attorney will be able to negotiate with medical providers and their insurance companies. Insurance companies will attempt to delay settlements and use every trick they can to limit the amount they have to pay. Your lawyer will be able to fight these tactics and build a solid case that is based on the facts of your individual situation.

Based on the nature of injury, some victims might qualify to enroll in the New York's Medical Indemnity Fund. This program reimburses your children a portion of the expenses they have incurred due to the birth injury. However, if the injuries were serious the attorney may suggest that you go to an appeal to a jury and ask for a higher verdict than what you could receive as a settlement.