How to File a Birth Injury Claim

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

They will examine your case to determine if there is enough evidence to back the filing of a lawsuit. They will then gather medical documents and expert testimony to create an argument that is strong for you.

severe birth injury lawyers Trauma Cases

The US is among the world's most medically advanced countries however, it has a troubling rate of serious and fatal injuries to infants. These injuries can have lifelong consequences, including developmental delays and physical disabilities. If medical negligence is the cause of these injuries, families deserve compensation that will allow them to live their lives to the fullest.

Our experienced team of birth trauma lawyers will 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 discover what transpired and why you should make a claim against the hospital and doctors responsible and negotiate with insurance companies to settle your claim (or bring a lawsuit should it be necessary) and present your evidence and arguments jurors.

In many cases, the full extent of a child's injuries is not evident until later on in the course of. In this case, the victims of birth trauma may confront attempts to discredit their claims by arguing that the injury should have been identified sooner and the statute of limitations has expired. Our firm has successfully fought these tactics in the past, securing millions dollars in settlements for victims and their families.

We will begin by meeting with you in person to discuss your case and determine whether it has merit. We will gather relevant medical records and call any witnesses who can give statements under oath in support of your case. We will also, if you are capable of it, speak with your child to obtain their perspective about the effects of the injury.

We will send a demand letter with details about your child's injuries and the effects on their quality of life to the hospital and doctors involved in the case. We will collaborate with the medical professionals' malpractice insurers to resolve any denials of claim and negotiate a settlement for your claim. If a settlement cannot be reached we will prepare to go to trial and hire experts to support your claim. We will try to obtain the maximum amount of compensation you are legally entitled to.

Medical Malpractice Cases

Medical malpractice claims involve healthcare providers who commit mistakes during treatments that cause harm. These mistakes can be simple or life-changing. A majority of these errors are preventable, but even the most skilled doctors are susceptible to making mistakes. Medical malpractice claims are often the result of misdiagnosis, delayed diagnosis, injuries to the childbirth surgical errors and medication errors as well as anesthesia mistakes. Certain healthcare specialties are classically high-risk for malpractice suits, such as OB/GYN and surgical specialties.

Some instances of medical malpractice can be so horrific that they draw national attention. For example, CBS News reported on the case of a seventeen year old girl from Mexico named Jesica Santillan, who required a heart and lung transplant. The Duke University Medical Center in Durham, North Carolina agreed to perform the operation. However, the surgeons failed to make sure 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), sepsis, renal failure, and multiple organ rejections.

If a medical malpractice case proves that the healthcare provider breached the standard of care, and caused harm, the patient could be entitled to both non-economic and economic damages. Medical bills and lost wages are regarded as economic damages. Non-economic damages include pain and suffering as well as disfigurement. Punitive damages can also be obtained depending on the circumstances.

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 varies widely and can be contingent on the area of practice of the doctor.

In addition, some states have established alternative dispute resolution procedures to resolve malpractice claims. These processes usually replace jury trials with an arbitrator who listens to both sides' evidence and makes a final decision.

If you believe that you've been injured by a healthcare professional It is crucial to consult with an experienced lawyer about your case. A skilled medical malpractice lawyer will guide you through the process of collecting and analyzing your medical records to determine if you have 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 own rules, exceptions, and limitations. They vary depending on the nature and size of the claim. Medical malpractice lawyers are acquainted with each state's laws and will make sure that a claim was filed within the time frame that is applicable to the particular case.

In the case of birth injury support-related neurologic injuries, the deadline to file a lawsuit is typically two and a quarter years from the time the injury was discovered. The timeline may be extended if a condition was treated for a long time. In the event of wrongful deaths the law could be different.

A complimentary consultation with a qualified attorney is the first step towards the filing of a lawsuit based on birth injuries. The lawyer will assess 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 medical experts to determine if medical professionals or other healthcare providers behaved properly.

A successful medical malpractice case will typically include a claim for compensation. The lawyer will consult with medical and financial experts to determine the right amount. Most often, this includes the cost of ongoing treatments and treatment for the child who has been injured. Other possible damages include the loss of enjoyment of life and can be awarded when the child isn't able to participate in activities or hobbies they would otherwise be in a position to enjoy.

The lawyers will then file the lawsuit with the appropriate court. The parents become plaintiffs and the hospitals, doctors and other healthcare providers are defendants. The legal process involves a series of hearings, discovery, and depositions. If the case cannot be settled during this process then a trial will be held. The damages will be awarded by the judge or jury. The amount of damages could be substantial dependent on the strength and weight of evidence. Lawyers will work to negotiate the most favorable settlement for their clients. They will not accept any settlement that doesn't reflect the real value of a client's case.

Settlements

Your lawyer will assist you get the compensation you are entitled to if win your case. The amount will be based on the severity of your injury and your specific needs. This includes the cost of any future medical care as well as any loss of earnings, any changes to your home, as well as ongoing physical or mental therapy. Your attorney will collaborate with medical and financial experts to determine an appropriate amount to ask for.

The first step is to establish that a doctor breached their standard of care when your child was born. This is usually accomplished by examining hospital bills and medical records to determine if there was any the malpractice.

Once this has been accomplished 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 how it affects you and your family, along with medical records and other documents. The insurance company will either accept or reject the demand, and then negotiate a settlement. Your lawyer can start a lawsuit if insurance company refuses an offer that is reasonable.

It is important to know that the majority of medical malpractice cases, like birth injury claims, are settled out-of-court. It is because hospitals and doctors don't want to be seen as having negative publicity in the event that they are found guilty of medical malpractice. The process of filing a lawsuit can be lengthy and requires lots of research, but an experienced lawyer for birth injury legal rights injuries will know how to gather evidence to prove negligence.

Your lawyer will know how to negotiate with medical professionals and their insurance companies. Insurance companies try to delay settlements and employ every trick they can to limit the amount they have to pay. Your lawyer will be able to stop these tactics and will present a strong argument for you with the help of your facts.

Based on the nature of injury, some victims may qualify to enroll in New York's Medical Indemnity Fund. This program will pay your children a portion of their expenses associated with the birth injury. If the injuries were serious your lawyer may recommend that you go to an appeal to a jury and seek a greater verdict than what you could get in a settlement.