How to File a Birth Injury Claim

You could be entitled to compensation If your child was injured during birth due to medical negligence. The first step is to talk with an experienced birth injury lawyer.

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

Birth Trauma Cases

The US is one of the most medically advanced countries but it has a high proportion of fatal and serious injuries to newborns. These injuries may result in lifelong repercussions, including developmental delays, physical disabilities, and even mental illness. When medical negligence causes these injuries, families deserve compensation to help them live their lives to the fullest extent possible.

Our team of skilled birth trauma lawyers for injurys near me can help you create a strong case to be compensated for the damages you're entitled to. We will review and gather your child's medical records, work with experts to understand what happened and why you need to make a claim against the hospital and the doctors responsible, negotiate with insurance companies to settle your claim (or make a claim should it be necessary) and then present your evidence and arguments to the jury.

In many instances, the full extent of the child's injury is not evident until later on in life. When that occurs, victims of birth trauma could be able to defend their claims by arguing that the injury should have been discovered 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 the victims.

We will first meet with you to discuss your case in person and determine whether it is meritorious. We will collect the relevant medical records and depose witnesses who can provide statements under oath that can support your case. We will also interview your child, if we can to understand their perspective on the effects of the injury attorneys near me.

We will send a demand letter with detailed information on the injuries your child sustained and their impact on his or her quality of life to the doctors and hospitals involved in the case. We will work with the medical professionals' malpractice insurance providers to address any claim denials and negotiate a settlement for your claim. If a settlement is not reached, we will prepare for trial and appoint expert witnesses to support your case. We will try to obtain the maximum compensation that you are legally entitled to.

Medical Malpractice Cases

Medical malpractice claims are filed by healthcare providers 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 experienced doctors make mistakes. Medical malpractice lawsuits are most often caused by misdiagnosis, delayed diagnosis, injuries to the childbirth or surgical mistakes medication errors, or anesthesia mistakes. Certain specialties in healthcare, such as OB/GYNs and surgical specialties, are thought to be at a high risk for malpractice lawsuits.

Some medical malpractice cases are so shocking that they draw national attention. For instance, CBS News reported on the case of a seventeen year old girl from Mexico named Jesica Santillan who required a lung and heart transplant. The Duke University Medical Center, Durham, North Carolina, was willing to carry out the surgery. However the surgeons did not make sure that the donor's blood type was compatible with Jesica's. This is why Jesica was afflicted with a range of complications, including hemolytic uremic syndrome (HUS) sepsis, renal failure and multiple organ transplant rejections.

If a case of medical malpractice proves that the healthcare provider violated the standard of care, and caused harm, the patient could be entitled to both non-economic and economic damages. Medical bills and attorneys Injurys lost wages are economic damages. Other damages that are not economic include pain and discomfort and disfigurement. In certain circumstances, punitive damages could also be available.

The majority of doctors are required to carry professional liability insurance, which mitigates their financial risk from malpractice claims. However, the price of these policies differs greatly and may be dependent on the physician's practice area.

Certain states have also enacted alternative dispute resolution procedures to settle malpractice claims. These processes typically replace a trial or jury system with an arbitration process that consists of a neutral third party that listens to evidence from both sides before making an informed decision.

It is important to speak with an experienced lawyer regarding your medical malpractice case if you think you've been hurt by a healthcare professional. A skilled medical malpractice lawyer will guide you through the process of collecting and analyzing your medical records to determine if you have a viable malpractice claim. Sobo & Sobo offers talented lawyers in Middletown, Monticello NYC, Newburgh Spring Valley, Poughkeepsie, and Injury Lawsuits throughout Orange County, NY.

Statute of limitations

Each state's statute of limitations has its own rules and exemptions and they vary according to the type of claim. Medical malpractice lawyers are familiar with the laws of every state and can help ensure that a claim is filed within the time period allowed for a specific case.

For instance in cases involving birth-related neurological injuries, the deadline for filing a lawsuit is generally two and one-half years from the date that the injury was discovered. The timeline 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 a reputable lawyer is the first step in filing a lawsuit for birth injuries. The lawyer will assess the claim to determine whether it's worth the effort, and if so, what to do. The lawyer will look over medical records and consult with medical experts to determine whether doctors or other healthcare professionals were in compliance with the law.

A successful medical malpractice case will typically include an action for compensation. The lawyer will consult with medical and financial experts to determine the right amount to request. These include the costs 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 in activities or enjoy hobbies that they otherwise would have been able to.

The lawyers will then file a lawsuit in the appropriate court. The parents will become plaintiffs, while the hospitals, doctors and other healthcare providers will become defendants. The legal process will entail a number of hearings and discovery sessions, during which parties discuss information and depositions. If the case cannot be settled during the process, it will go to trial. The damages will be determined by the judge or jury. The amount of damages can be substantial depending on the strength and weight of the evidence. Lawyers will work to secure the best possible settlement for their clients. They will not accept any settlement that doesn't reflect the true value of their client's situation.

Settlements

If you prevail in your claim, your attorney will help you recover the amount that is legally owed to you. The amount will depend on the severity of your injury and your specific needs. This includes the cost of future medical care as well as any loss of earnings, any changes to your home, as well as continuing physical or mental therapy. Your attorney will consult with financial and medical experts to determine the appropriate amount to seek.

The first step is to establish that a doctor was not following their standards of practice when delivering your child. This is often accomplished by reviewing hospital documents and bills to determine the malpractice.

After this is done, your attorney may send a demand form to the hospital's or doctor's malpractice insurance. The demand package should include a written explanation of the injury and its impact on your family as in addition to medical records and other evidence. The insurance company will then accept or deny the demand and negotiate a settlement. If the insurance company is unwilling to offer a reasonable amount, your attorney can bring an action.

It is vital to know that the majority of medical malpractice cases, including birth injury attorney lawyer claims, are settled out of court. This is because doctors and hospitals do not want negative publicity if they are found to have made medical errors. The lawsuit process is lengthy and requires an extensive amount of research, but a seasoned lawyer for birth injuries is able to gather the evidence that proves negligence.

Your lawyer will be able to manage any negotiations with the medical providers and their insurance companies. Insurance companies will use all tricks to delay a settlement, and even reduce the amount they are required to pay. Your lawyer can stop these tactics and present a convincing argument with the help of your facts.

Based on the type of injury, some victims could be eligible to join New York's Medical Indemnity Fund. The program reimburses your children for a portion of the expenses they incurred because of the birth injury. If the injuries were serious however, your attorney may suggest pursuing a trial with jurors and request a larger verdict than you would receive in an agreement.