How to File a Birth Injury Claim

If your child suffered a birth injury as a result of negligence by a medical professional, you can make a claim for compensation. Consult an experienced birth injury law firm injury attorney as the first step.

They will look over your case and determine whether there is enough evidence to support 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 a medically advanced nation, but the rate of fatal or even serious injuries to infants is still alarming. These injuries can have lifelong consequences, such as physical and developmental disabilities as well as delays in development. When medical negligence causes these injuries, families are entitled to compensation to enable them to live their lives fully.

Our experienced birth injury lawyers team of lawyers can help you create an argument that is strong enough to ensure you get the compensation you deserve. We will take your child's medical records, then work with specialists to understand the circumstances that led to the incident, and what caused it. We will then submit a claim and engage with insurance companies in order to settle your claim.

In many cases, the extent of a child's injury is not apparent until later in life. When that occurs, victims of birth trauma could be able to defend their claims by insisting that the injury should have been discovered earlier and that 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 begin by meeting with you in person to discuss your case and determine if it has merit. We will collect the relevant medical records and depose any witnesses who can give statements under oath to back your case. We will also, if competent, talk to your child to get their perspective on the impact of the injury.

We will send a demand packet to the doctors and hospitals involved in the case, containing detailed information about your child's injury and its impact on their quality of life. We will collaborate with the medical professionals' malpractice insurance providers to address any claim denials and negotiate an agreement to settle your claim. If a settlement is not reached then we will prepare for trial and employ experts to defend your claim. We will pursue the highest amount of compensation you are entitled to under the law.

Medical Malpractice Cases

Medical malpractice claims are filed by healthcare professionals who make errors during treatment and cause harm. These errors could be small or life-altering. A lot of these mistakes can be avoided but even the most experienced doctors make mistakes. Medical malpractice lawsuits are most often triggered by misdiagnosis delayed diagnosis, childbirth injuries surgical errors medication errors, or anesthesia errors. Certain healthcare specialties are considered to be at risk for malpractice lawsuits, such as OB/GYN and surgical specialties.

Some medical malpractice cases are so horrifying that they attract national attention. CBS News, for example, reported on the case that involved 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 perform the operation. The surgeons did not test to determine if the blood donor's type was compatible with Jesica. Because of this, Jesica was afflicted with a range of complications such as hemolytic uremic disorder (HUS) sepsis, renal failure, and multiple organ transplant rejections.

If a medical malpractice case shows that a healthcare provider did not follow the standard of care and caused harm the patient could be entitled to both economic and non-economic damages. Economic damages can include medical bills and lost wages. Non-economic damages can include discomfort and pain, as well as disfigurement. Punitive damages are also available dependent on the circumstances.

Most doctors are required to carry professional liability insurance. This helps reduce their financial risk in the case of malpractice claims. However, the price of these policies differs greatly and may be dependent on the area of practice of the doctor.

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

It is essential to consult with a seasoned lawyer about your medical malpractice case if think you've been hurt by a healthcare provider. A medical malpractice lawyer can guide you through the process of gather and review your medical records in order to determine if there is an actual 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

Each state has its own rules, exceptions, and limitations. They differ depending on the nature and amount of the claim. Medical malpractice lawyers are acquainted with the laws in every state and can help ensure that a complaint is filed within the timeframe that is allowed for a particular case.

In the case of birth-related neurological injuries, the deadline to file a lawsuit usually is two and a quarter years from the time the injury was discovered. The time frame can be extended if the condition was treated for a long time. In the event of wrongful deaths the law could differ.

A complimentary consultation with a qualified lawyer is the first step to the filing of a lawsuit based on birth injuries. 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 review medical documents and consult with medical experts to establish whether the medical professionals or other healthcare providers acted properly.

A successful medical malpractice case will usually include the possibility of a claim for compensation. The lawyer will consult with medical and financial experts in order to determine the right amount. Most often, this includes the cost of ongoing treatment or care for the injured child. The loss of enjoyment is a different possibility of injury. This may be awarded when a child cannot participate in activities or engage in activities they would have otherwise been able to.

The lawyers will then file the lawsuit with the appropriate court. Parents will be plaintiffs, and hospitals, doctors and other healthcare providers become defendants. The legal process consists of a series of hearings as well as depositions, discovery, and hearings. If the case is not settled during this process, it will go to trial. The judge or jury will then decide on the amount of damages. Depending on the strength of the evidence, the damages could be significant. The lawyers will work to negotiate the most favorable settlement for their clients. They will not accept any settlement that doesn't reflect the true value of a client's case.

Settlements

Your attorney will help you recover damages that you are entitled to if succeed in your case. The amount will depend on the injury and your particular requirements. This includes the cost of future medical treatment, any loss in earnings, modifications to your home, and ongoing mental or physical therapy. Your attorney will consult with financial and medical experts to determine the proper amount.

The first step is to establish that a doctor did not adhere to their standards of care during your child's birthing process. Often, this is done by reviewing hospital bills and medical records to find out if a doctor committed a mistakes.

After this has been completed, your attorney may submit a demand package to the doctor's or hospital's malpractice insurer. This should include a letter that explains the incident and how it affects you and your family, as well as medical records and other documents. The insurance company will either accept or reject the demand, and negotiate a settlement. Your attorney can bring a lawsuit if the insurance company rejects an offer that is reasonable.

It is important to know that the majority of medical malpractice cases, including birth injury compensation injury claims, are settled out-of-court. This is due to the fact that doctors and hospitals do not want to be branded as negative if they are found to have committed medical malpractice. The process of bringing a lawsuit is long and involves a lot investigation, but a skilled birth injury lawyer knows how to gather and present the evidence that proves negligence took place.

Your lawyer will also know how to handle any negotiations with medical providers and their insurance companies. Insurance companies will attempt to delay settlements and employ every method to limit the amount they are obligated to pay. Your lawyer will be able to fight these tactics and present a strong case for you that is based on the specifics of your situation.

Certain victims may be eligible to join New York's Medical Indemnity Fund, depending on the type and severity of their injury. The program reimburses your children for a portion of the expenses they have incurred as a result of the preventable Birth injury Lawyer injury. However, if the injuries were severe your lawyer may recommend that you go to an open jury trial and request a higher verdict than the one you receive in a settlement.