How to File a Birth Injury Claim

You may be entitled to compensation if your child was injured at birth because of medical negligence. Consult an experienced birth injury attorney as your first step.

They will examine your case to determine if there's enough evidence to support a suit. They will then collect medical records and witness statements from experts to construct a convincing case for you.

Birth Trauma Cases

The US is an advanced medical country however the prevalence of serious and even fatal injuries to infants is still alarming. These injuries may result in lasting effects, such as physical disabilities, developmental delays as well as mental illness. Families deserve compensation when medical negligence causes these injuries.

Our team of skilled birth trauma lawyers can assist you to build a strong case to be compensated for the damages you're entitled to. We will gather and analyze your child's medical records, work with experts to discover what happened and why you need to submit a claim to the hospital and the 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 to the jury.

In many cases, the extent of a child's injury claims lawyers; navigate to this site, is not apparent until later in life. When that occurs, victims of birth trauma could be able to defend their claims by argument that the injury attorneys near me should have been identified sooner and that the time limit for filing a claim has passed. Our firm has successfully fought against these tactics in the past, securing millions dollars in settlements for victims and their families.

We will first meet with you to discuss your situation in person and determine whether it is meritorious. We will take the relevant medical records, and depose witnesses who can make statements under oath which can be used to support your case. We will also, if able, interview your child to obtain their perspective about the effects of the injury.

We will send an appeal package to the hospitals and doctors involved in the case, containing details about your child's injuries and their impact on their quality of life. We will collaborate with medical malpractice insurers to settle any denials of claims and negotiate an agreement. If a settlement is not reached we will prepare for trial and appoint experts to testify in your case. We will seek the maximum amount of compensation you are legally entitled to.

Medical Malpractice Cases

Medical malpractice cases involve healthcare providers who commit mistakes in treatment that cause harm. These errors could be minor to life-altering. Even the most skilled doctors can make mistakes. Medical malpractice claims are most often triggered by misdiagnosis delayed diagnosis, injuries to the childbirth or surgical mistakes medication errors, or anesthesia mistakes. Certain healthcare specialties, such as OB/GYNs and surgical specialties are deemed to be high-risk for malpractice lawsuits.

Some medical malpractice cases are so horrific that they garner national attention. CBS News, for example, reported on the case involving a Mexican girl named Jesica Santillan, who was 17 years old, who required a heart and lung transplant. The Duke University Medical Center in Durham, North Carolina agreed to carry out the procedure. However, the surgeons failed to ensure that the blood type of the donor was compatible with Jesica's. Jesica was afflicted with numerous complications as a result, including hemolytic-uremic syndrome (HUS) and renal failure, sepsis and multiple organ rejections.

If a medical malpractice case establishes that a healthcare professional did not follow the standard of care and incurred damages the patient may be entitled to both economic and non-economic damages. Medical bills and lost wages are regarded as economic damages. Non-economic damages include pain and suffering, and disfigurement. Punitive damages are also available in the event of an incident.

The majority of doctors are required to carry professional liability insurance, which mitigates their financial risk from malpractice claims. The price of these policies can vary widely based on the area of practice.

Some states have also established alternative dispute resolution procedures to settle malpractice claims. These processes typically replace a trial or jury system with an arbitration procedure that involves an impartial third party who examines evidence from both sides before making the decision.

If you believe that you have been injured by medical professionals It is crucial to consult with an experienced lawyer about your situation. A seasoned medical malpractice attorney can assist you in the process of gathering and reviewing your medical documents to determine if you are eligible for a 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

Every state's statute of limitations has its own rules and exemptions and they vary based on the type of claim. Medical malpractice attorneys are familiar with the laws of each state and will ensure that a claim is filed within the timeframe permitted for a particular case.

In cases of birth-related neurologic injuries the deadline for filing a lawsuit usually is two and a half years after the date that the injury was discovered. The timeframe can be extended if the condition was treated for a long time. In the case of wrongful death the law could differ.

A free consultation with an experienced attorney is the first step in the filing of a lawsuit based on birth injury. The lawyer will evaluate the case to determine if it is worth pursuing and, if so, how to proceed. The lawyer will go through the medical records and consult medical experts to determine whether doctors or other healthcare providers were in compliance with the law.

A successful medical malpractice lawsuit typically includes an action for damages. The lawyer will consult with financial and medical experts to determine the appropriate amount. These include the costs of ongoing care and treatment for the child. The loss of enjoyment is a different possibility of injury. This can be a result when a child is unable in activities or enjoy hobbies that they otherwise would have been able to.

The lawyers will then file a lawsuit with the appropriate court. Parents will be plaintiffs, while the hospitals, doctors, and other healthcare providers become defendants. The legal process involves hearings discovery, depositions, and hearings. If the case is not resolved during this process then a trial will be held. The jury or judge will award the damages. The damages could be significant depending on the strength and quantity of the evidence. The lawyers will work to obtain the most effective settlement for their clients. They will not accept any settlement offer that does not reflect the true value of a client's case.

Settlements

If you are successful in proving your case, your attorney injury lawyer will assist you in obtaining the amount of damages owed to you. The amount will depend on the nature of the injury and your specific needs. This will include the cost of any future medical care and any loss in earnings, any changes to your home, and ongoing mental or physical therapy. Your lawyer will consult with medical and financial experts to determine the right amount.

The first step is to establish that a doctor did not adhere to their standard of care when your child was born. Most often, this is done by looking over medical bills and hospital bills to determine if there was any the malpractice.

Once this is done the lawyer can then submit an application to the malpractice insurance of the hospital or doctor. The package should include a written statement describing the injury lawsuit and how it affects you and your family, as well as medical records and other evidence. The insurer will either accept or reject the demand, and negotiate an agreement. If the insurance company refuses to give a reasonable amount, your attorney can start a lawsuit.

It is important to know that the majority of medical malpractice cases, such as birth injury claims, are settled out-of-court. It is because hospitals and doctors don't want to be associated with negative publicity in the event that they are found guilty of medical malpractice. The process of suing can be long and requires a lot of research, but an experienced lawyer for birth injuries knows how to gather evidence that proves negligence.

Your attorney will be able to manage any negotiations with medical professionals and their insurers. Insurance companies will employ various tricks to delay a settlement, and minimize the amount that they have to pay. Your lawyer will be able to stop these pressure tactics and present a strong case for you that is based on the facts of your particular situation.

Some victims might be eligible to join New York’s Medical Indemnity Fund, depending on the severity and type of their injuries. This program reimburses your children a portion of the expenses they have incurred because of the birth injury. However, if the injuries were severe, your attorney may recommend that you pursue a jury trial and request a higher verdict than the one you receive in a settlement.