How to File a Birth Injury Claim

You may be entitled to compensation if your child was injured during birth due to medical negligence. Talk to a knowledgeable birth injury lawyer as your first step.

They will review your case and determine if there enough evidence to warrant a lawsuit. They will then collect medical records and testimony from experts to build a strong 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 can have lifelong consequences, such as physical disabilities and developmental delays. Families deserve compensation when medical negligence leads to these injuries.

Our experienced team of lawyers will help you build an effective case to ensure that you get the compensation you deserve. We will gather and analyze your child's medical records and work with experts to discover what transpired and why, submit a claim to the hospital and the doctors responsible, negotiate with insurance companies to settle your claim (or bring a lawsuit in the event of a lawsuit), and present your evidence and arguments before jurors.

In most instances, the full extent of injury will only become apparent later in the course of their lives. When that occurs, those who suffer from birth trauma may confront attempts to discredit their claims by argument that the injury should have been discovered earlier and the statute of limitations has expired. Our firm has successfully fought these tactics in the past, securing millions of dollars in settlements for victims and their families.

We will first meet with you to discuss your case in person and determine whether it is meritorious. We will gather relevant medical records and depose witnesses who are able to give statements under oath to back your case. We will also talk to your child, if it is possible to gain their perspective on the effects of the injury.

We will present an appeal package to the hospitals and doctors involved in the case, which will include specific information regarding your child's injuries and their impact on their quality of life. We will collaborate with the medical professionals' malpractice insurance companies to resolve any denials of claim and negotiate a settlement for your claim. If a settlement cannot be reached we will prepare for trial and hire experts to defend your case. We will try to obtain the maximum amount of compensation you are legally entitled to.

Medical Malpractice Cases

Medical malpractice claims are filed by healthcare providers who make errors during treatment, causing harm. These mistakes could be minor to life-altering. Many of these errors can be avoided, but even the most skilled doctors are susceptible to making mistakes. The most common causes of medical malpractice lawsuits include misdiagnosis or delayed diagnosis, injuries resulting from childbirth, medical errors, surgical mistakes, and anesthesia lapses. Certain healthcare specialties like OB/GYNs and surgical specialties, are thought to be at risk for malpractice lawsuits.

Some cases involving medical negligence can be so horrendous that they attract national attention. For example, CBS News reported on the case of a seventeen year old girl from Mexico named Jesica Santillan, who required an organ transplant for her heart and lung. The Duke University Medical Center, Durham, North Carolina, was willing to carry out the surgery. The surgeons did not test to determine if the blood type of the donor was compatible with Jesica. Jesica suffered numerous complications as a consequence, including hemolytic-uremic syndrome (HUS), renal failure, sepsis and multiple organ rejections.

If a claim for medical malpractice 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 economic damages. Non-economic damages include pain and suffering and disfigurement. Based on the circumstances, punitive damages may also be available.

The majority of doctors are required to have professional liability insurance, which helps to reduce their financial risk from malpractice claims. However the cost of these policies can vary widely and can be contingent on the doctor's practice area.

Certain states have also enacted alternative dispute resolution procedures to settle malpractice claims. These programs typically replace a trial or jury system by an arbitration procedure that involves an impartial third party who hears evidence from both sides and makes the decision.

If you believe that you've been injured by medical professionals, it is important to speak with an experienced lawyer regarding your case. A medical malpractice lawyer will help you through the process of collect and analyze your medical records to determine whether there is a valid malpractice claim. Sobo & Sobo has talented attorneys at your disposal in Middletown, Monticello, NYC, Newburgh, Spring Valley, Poughkeepsie and all of Orange County, NY.

Statute of limitations

Each state has its specific rules, exceptions and limitations. They differ based on the nature and amount of the claim. Medical malpractice lawyers are acquainted with each state's laws and will make sure that a claim is filed within the time limit that is applicable to the particular case.

For instance in cases involving neurological injuries caused by birth injury compensation, the deadline for filing a lawsuit is generally two and one-half years from the date the injury was discovered. However, the timeline may be longer if there was ongoing treatment for the condition. In the event of wrongful deaths the laws could be different.

A complimentary consultation with a qualified lawyer is the first step in filing a lawsuit for birth injury. The lawyer will review the claim to determine if it's worth pursuing, and in the event that it is, what you should do. The lawyer will review the medical records and consult with medical experts to determine if doctors or other healthcare providers 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 in order to determine the appropriate amount. Most often, this includes the cost of ongoing treatments and care for the child injured. Loss of enjoyment is another potential loss. This could be awarded when a child is unable in activities or enjoy activities they would have otherwise been able.

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

Settlements

If you win your case, your lawyer will help you recover the damages that are rightfully owed to you. The amount will be based on the severity of your injury and your specific needs. This includes the cost of any future medical treatment, any loss in earnings, changes to your home, as well as ongoing physical or mental therapy. Your attorney will consult with medical and financial experts to determine the appropriate amount to ask for.

The first step is to establish that a doctor was not following their standards of practice when delivering your child. This is often done by looking over hospital records and bills to find out if there was mistakes.

Once this is done after which your lawyer can send a demand to the malpractice insurance company of the hospital or doctor. This will include a statement describing the injury and how it affects you and your family, along with medical records and other documentation. The insurer will either agree or deny the request and then negotiate a settlement. If the insurance company refuses to offer a reasonable amount, your attorney can file a lawsuit.

It is important to know that the majority of medical malpractice cases, like birth injury claims, are settled outside of court. This is because doctors and hospitals do not wish to draw negative attention when they are discovered to have committed medical mistakes. The process of filing a lawsuit can be long and requires lots of research, but a seasoned lawyer for birth injury legal options injuries will know how to gather the evidence that proves negligence.

Your lawyer will be able to negotiate with medical professionals and their insurance companies. Insurance companies will employ various tricks to delay a settlement, and even reduce the amount they are required to pay. Your lawyer can resist these pressure tactics and build a solid case for you that is based on the facts of your individual situation.

Depending on the type of injury, some victims might be eligible to join the New York's Medical Indemnity Fund. This program will reimburse your children for a portion of their expenses due to the birth injury. If the injuries were severe However your lawyer may suggest that you go to an appeal before an jury and seek more than you could receive through settlement.