How to File a Birth Injury Claim

If your child was injured at birth injury as a result of medical negligence, you may file a claim for compensation. Contact a seasoned birth injury attorney as your first step.

They will examine your case to determine if you have enough evidence to support the filing of a lawsuit. They will then collect medical records and witness statements from experts to build a strong case for you.

Birth Trauma Cases

The US is a medically advanced nation, but the rate of serious and even fatal injuries to infants remains alarming. These injuries may result in lifelong repercussions, including developmental delays, physical disabilities as well as mental illness. If medical negligence is the cause of these injuries, families deserve compensation to help them live their lives to the fullest.

Our team of skilled lawyers can assist you in forming an effective case to ensure that you receive the compensation you are entitled to. We will gather and analyze the medical records of your child, work with experts to understand what happened and why you need to make a claim against the hospital and 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 a jury.

In many cases, the extent of a child's injuries is not discovered until later in the course of. When that occurs, victims of birth trauma could face attempts to dismiss their claims by argument that the injury should have been identified sooner and the statute of limitations has expired. Our firm has successfully fought these tactics in the previous and secured millions of settlements for the victims.

We will start by meeting with you in person to discuss your case and determine whether it is a valid argument. We will take the relevant medical records, and depose witnesses who are able to give statements under oath that can be used to support your case. We will also talk to your child, if we can to gain their opinion on the consequences of the injury.

We will submit a demand packet to the doctors and hospitals involved in the case, containing details about your child's injury and its impact on their quality of life. We will work with medical professionals' malpractice insurance providers to resolve any claims denials and negotiate a settlement to settle your claim. If a settlement isn't reached, we will prepare to go to trial and employ experts to defend your claim. We will pursue the maximum amount of compensation to which you are legally entitled to.

Medical Malpractice Cases

Medical malpractice claims are brought by healthcare providers who make errors during treatment, causing harm. These mistakes can be simple or life-changing. Even the most skilled doctors are capable of making mistakes. Medical malpractice claims are most often triggered by misdiagnosis delayed diagnosis, childbirth injuries, surgical mistakes medication errors, or anesthesia mistakes. Certain specialties in healthcare like OB/GYNs and surgical specialties are deemed to be at risk for malpractice lawsuits.

Certain cases of medical malpractice can be so horrendous that they capture national attention. CBS News, for example covered the case that involved a Mexican girl named Jesica Santillan aged seventeen who needed a lung and heart transplant. The Duke University Medical Center in Durham, North Carolina agreed to perform the operation. However, the surgeons failed to ensure that the blood type of the donor was compatible with Jesica's. This is why she suffered from a variety of complications, including hemolytic uremic syndrome (HUS) sepsis, renal failure, and multiple organ transplant rejections.

If a medical malpractice claim shows that a healthcare provider was not following the standard of care and caused damages, the patient may be entitled to both economic and non-economic damages. Economic damages may include medical expenses and lost wages. Non-economic damages can include pain and discomfort as well as disfigurement. Punitive damages can also be obtained depending on the circumstances.

Most doctors are required to have professional liability insurance. This reduces their financial risk in the case of malpractice claims. The cost of these policies can vary greatly depending on the doctor's area of practice.

Additionally, certain states have established alternative dispute resolution programs to settle malpractice claims. These programs typically replace a jury trial system with an arbitrator who listens to both sides' arguments and makes a final decision.

If you feel that you have been injured by a healthcare professional, it is important to speak with a seasoned cerebral palsy lawyer regarding your case. A skilled medical malpractice lawyer can guide you through the process of gathering and reviewing your medical documents to determine if 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

Every state's statute of limitations has its own rules and exceptions and they vary depending on the nature of claim. Medical malpractice lawyers are acquainted with the laws of each state and will make sure that a claim is filed within the time frame set for the particular case.

In the case of birth-related neurological injuries the deadline for filing a lawsuit is usually two and a half years from the time the injury was discovered. However, the timeframe could be longer if there was continuous treatment for the condition. The laws could also differ for cases involving wrongful death.

A free consultation with an experienced attorney is the first step in the filing of a lawsuit based on birth injury law services injuries. The lawyer will assess the case to determine whether it is worth pursuing and if so what steps to take. The lawyer will go through medical documents and consult with medical experts to determine whether the healthcare providers or doctors providers acted properly.

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

The lawyers will then file a lawsuit in the appropriate court. Parents will be the plaintiffs, and the hospitals, doctors, and other healthcare providers be the defendants. The legal process consists of a series of hearings, discovery, and depositions. If the case isn't resolved during this process it will go to trial. The damages will be awarded by the judge or jury. Based on the strength of the evidence, the damages could be significant. The lawyers will try to secure the best possible settlement for their clients. They will not accept a settlement offer that does not reflect the real value of a client's case.

Settlements

Your lawyer will assist you to obtain the damages you have a right to if you succeed in your case. The amount is contingent on the nature of your injury, as well as your requirements. Included in this amount is the cost of future medical treatment as well as any loss of earnings or home modifications as well as continuing psychological or physical therapy. Your lawyer will consult with financial and medical experts to determine the right amount.

The first step is to demonstrate that a doctor violated their standards of care during the birth of your child. This is typically done by looking over hospital records and bills to identify the malpractice.

After this is done after which your lawyer can submit a demand package to the doctor's or hospital's malpractice insurance. The package should include a written statement describing the injury and the impact it has on your family, as well as medical records and other evidence. The insurer will either agree or deny the request and then negotiate a settlement. If the insurance company refuses to provide a fair amount, your erbs palsy attorney can bring an action.

It is important to know that most medical malpractice cases, such as birth trauma attorney injury claims, settle out of court. This is because hospitals and doctors do not want to be branded as negative in the event that they are found to have made medical errors. The process of bringing a lawsuit is long and requires a lot of investigation, but a skilled birth injury lawyer is able to gather and present evidence that proves negligence took place.

Your lawyer will know how to negotiate with medical professionals and their insurance companies. Insurance companies will try to delay settlements and employ every trick in the book to minimize the amount they have to pay. Your lawyer will be able to stop these tactics and will present a strong argument based on your facts.

Based on the nature of injury, some victims may qualify to enroll in New York's Medical Indemnity Fund. The program reimburses your children a portion of the costs they incurred due to the birth injury. If the injuries were serious, your attorney may recommend that you seek an appeal to a jury and seek a greater verdict than the one you receive in a settlement.