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How to File a Birth Injury Claim

If your child sustained a birth injury because of medical negligence, you may make a claim for compensation. Consult an experienced birth injury lawyer as your first step.

They will review 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 create a convincing case for you.

Birth Trauma Cases

The US is among the world's most advanced medically advanced nations, however, it has a high proportion of fatal and serious injuries to newborns. These injuries can cause long-term consequences, including physical and developmental disabilities as well as delays in development. Families are entitled to compensation when medical negligence leads to these injuries.

Our team of skilled lawyers will help you build an effective case to ensure that you receive the compensation you deserve. We will gather and analyze the medical records of your child and work with experts to understand the circumstances that led to the incident you need to make a claim against the hospital and the doctors responsible and negotiate with insurance companies to settle your claim (or make a claim if necessary), and present your evidence and arguments jurors.

In many cases, the extent of a child's injury is not apparent until later in life. In these instances, the victims of birth injury legal rights injuries may be questioned about the validity of their claims on the grounds that the injury was not discovered earlier or the statute of limitations is over. Our firm has successfully fought these tactics in the past and secured millions of settlements for victims.

We will first meet with you to discuss your case in person and decide if it has merit. We will gather the relevant medical records, and depose witnesses to provide statements under oath that will support your case. We will also talk to your child, if possible, to get their perspective on the impact 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 work with medical malpractice insurance companies to settle any claims denied and negotiate an agreement. If a settlement is not reached we will prepare for trial and appoint 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 brought by healthcare providers who make mistakes during treatment and cause harm. These errors can range from simple to life-altering. Even the most experienced doctors are capable of making mistakes. The most frequent causes of medical malpractice claims include misdiagnosis or delayed diagnosis, childbirth-related injuries, medical errors, surgical errors, and anesthesia mistakes. Certain specialties in healthcare like OB/GYNs, and surgical specialties are deemed to be at a high risk for malpractice lawsuits.

Certain cases of medical malpractice can be so horrific that they capture national attention. For instance, CBS News reported on the case of a 17 year old girl from Mexico named Jesica Santillan who needed a lung and heart transplant. The Duke University Medical Center in Durham, North Carolina agreed to perform the operation. However the surgeons did not make sure that the blood type of the donor was compatible with Jesica's. Because of this, she suffered from a variety of complications that included hemolytic uremic syndrome (HUS), sepsis, renal failure and multiple organ transplant rejections.

If a medical malpractice lawsuit proves that the healthcare provider acted in violation of the standards of care and caused harm the patient may be entitled to both economic and non-economic damages. Economic damages include medical bills and lost wages. Non-economic damages include pain and suffering as well as disfigurement. Based on the circumstances, punitive damages could also be available.

Most doctors are required to maintain professional liability insurance, which mitigates their financial risk from malpractice claims. However the cost of these policies can vary significantly and is dependent on the area of practice of the doctor.

Some states have also established alternative dispute resolution programs to resolve the malpractice claims. These procedures typically replace a trial or jury system with an arbitration process that consists of an impartial third party who examines evidence from both sides and then makes an informed decision.

It is important to consult with a seasoned erbs palsy attorney about your medical malpractice case if think you've been injured by a healthcare professional. A medical malpractice lawyer will help you through the process of collect and analyze your medical records in order to determine if there is a valid 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's statute of limitation has its own rules and exemptions and they differ according to the type of claim. Medical malpractice lawyers are familiar with the laws of each state and will ensure that a claim has been filed within the deadline allowed for the specific case.

In the case of birth-related neurological injuries, the deadline to file a lawsuit usually is two and a quarter years after the date the injury was discovered. However, the timeframe may be longer if there was ongoing treatment for the condition. In the event of wrongful deaths, the laws may differ.

A free consultation with an experienced lawyer is the first step towards bringing a lawsuit for birth injuries. The lawyer will evaluate the case to determine if it is worth the effort and, in the event that it is, how to proceed. The lawyer will look over medical records and consult with medical experts to determine whether doctors or other healthcare providers behaved properly.

A successful medical malpractice lawsuit will usually include the possibility of a claim for compensation. The lawyer will consult with financial and medical experts to determine the appropriate amount. Typically, these include the cost of ongoing treatment and care for the child injured. Loss of enjoyment is a different possibility of damage. This could be awarded when a child cannot participate in activities or enjoy hobbies that they otherwise would have been able to.

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 process involves hearings as well as depositions, discovery, and hearings. If the case isn't settled during the process, it will go to trial. The judge or jury will then award the damages. Depending on the strength of the evidence, the damages could be significant. They will do everything they can to secure the best settlement for their client. They will not accept any settlement offer that does not reflect the true value of a client's case.

Settlements

Your lawyer will assist you to recover damages that you are entitled to if prevail in your case. The amount will depend on the injury and your specific needs. Included in this will be the cost of future medical treatment as well as any loss of earnings and home improvements as well as ongoing physical or psychological therapy. Your lawyer will consult with financial and medical experts to determine the proper amount.

The first step is to demonstrate that a doctor breached their standard of care during the birth injury advocate of your child. This is typically accomplished by reviewing hospital records and bills to find out if there was the malpractice.

Once this is done after which your lawyer can send an application to the malpractice insurance of the hospital or doctor. The package should include a written statement detailing the injury and the impact it has on your family, as well as medical records and other documents. The insurer will then either accept or deny the demand and negotiate an agreement. If the insurance company refuses to offer a reasonable amount, your lawyer can bring an action.

It is important to note that the majority of medical malpractice cases, which includes aggressive birth injury attorney injury cases, settle outside of court. This is because doctors and hospital do not want to be associated with negative publicity if they are found guilty of medical malpractice. The process of suing can be long and requires a lot of research, but a seasoned lawyer for Aggressive Birth Injury Attorney injuries is able to gather the evidence that proves negligence.

Your fetal distress lawyer will be able to manage any negotiations with medical professionals and their insurers. Insurance companies will use various tricks to delay settlements and minimize the amount that they are required to pay. Your lawyer can stop these pressure tactics and make a convincing case for you that is based on the facts of your individual situation.

Some victims might be eligible for enrollment in the New York's Medical Indemnity Fund, depending on the nature and severity of their injury. The program reimburses your children for some of the costs they incurred as a result of the birth injury. If the injuries were severe the attorney may suggest that you go to a jury trial and seek a greater verdict than what you could get in a settlement.