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How to File a Birth Injury Claim

You could be entitled to compensation when your child was injured when he was born because of medical negligence. Contact a seasoned birth injury attorney as the first step.

They will review your case to determine if there is sufficient evidence to support the suit. They will then collect medical documents and expert testimony to build an argument that is strong for you.

Birth Trauma Cases

The US is among the most advanced medically advanced nations, however, it has a troubling rate of fatal and serious injuries to newborns. These injuries can have lifelong consequences, including physical disabilities and developmental delays. When medical negligence causes these injuries, families are entitled to compensation that will allow them to live their lives to the fullest.

Our team of experienced birth trauma lawyers can assist you to create a strong case to be compensated for the damages you deserve. We will gather your child's medical records, then collaborate with experts to determine the circumstances that led to the incident, and what caused it. We will then make a claim and engage with insurance companies to resolve your claim.

In many instances, the full extent of a child's injuries is not evident until later on in life. In these cases, victims of birth injuries may be questioned about the validity of their claims based on the fact that the injury was not discovered earlier or that the statute of limitations has passed. Our firm has successfully fought these tactics in the past years, securing millions of dollars in settlements for the victims.

We will begin by meeting with you in person to discuss your case and determine whether it has merit. We will gather the relevant medical records and call any witnesses who can give statements under oath to back your case. We will also talk to your child, if possible to understand their perspective on the impact of the injury.

We will send an appeal package to the doctors and hospitals involved in the matter, with details about your child's injury and its impact on their quality of life. We will collaborate with the medical professionals' malpractice insurers to address any claim denials and negotiate a settlement for your claim. If a settlement is not reached then we will prepare to go to trial and engage experts to prove your case. We will pursue the highest amount of compensation you are legally entitled to.

Medical Malpractice Cases

Medical malpractice claims are made by healthcare providers who make mistakes in treatment that cause harm. These mistakes can be simple or life-changing. A lot of these mistakes are preventable but even the most competent doctors are susceptible to making mistakes. Medical malpractice lawsuits are most often the result of misdiagnosis, delay in diagnosis, childbirth injuries, surgical mistakes and medication errors as well as anesthesia mistakes. Certain healthcare specialties are classically high-risk for malpractice suits including OB/GYN and surgical specialties.

Some cases involving medical malpractice can be so horrendous that they attract national attention. CBS News, for example, reported on the case of a Mexican girl Jesica Santillan, who was 17 years old, who needed a lung and heart transplant. The Duke University Medical Center, Durham, North Carolina, accepted to perform the surgery. The surgeons failed to examine the donor's type of blood was compatible with Jesica. Jesica was afflicted with numerous complications as a consequence of the surgery, including hemolytic-uremic syndrome (HUS) sepsis, renal failure, and multiple organ rejections.

If a medical malpractice lawsuit establishes that the healthcare provider violated the standard of care, and caused damage, the patient could be entitled to both non-economic and economic damages. Medical bills and lost wages are economic damages. Non-economic damages include pain and suffering and disfigurement. Depending on the circumstances, punitive damages may also be available.

Most physicians are required to have professional liability insurance, which mitigates the financial risk of malpractice claims. The cost of these policies can vary greatly depending on the area of practice.

Certain states have also instituted alternative dispute resolution programs to resolve claims of malpractice. These processes typically replace a trial and jury system with an arbitration process that involves a neutral third party who hears evidence from both sides before making a decision.

If you feel that you've been hurt by a healthcare professional it is essential to speak with an experienced lawyer about your situation. A medical malpractice lawyer will guide you through the procedure to take a look at and review your medical records in order to determine if there's a valid malpractice claim. Sobo & Sobo offers talented lawyers for injurys near me in Middletown, Monticello NYC, Newburgh Spring Valley, Poughkeepsie, and throughout Orange County, NY.

Statute of Limitations

Each state has its specific rules, exceptions and limitations. They vary depending on the type and amount of the claim. Medical malpractice lawyers are familiar with the laws of each state and will ensure that a complaint was filed within the deadline set for the particular case.

In cases of birth-related neurologic injuries, the deadline to file a lawsuit is usually two and a half years after the date the best injury Lawyers was discovered. The time frame may be extended if the condition was treated continuously. In cases of wrongful death, the laws may differ.

A complimentary consultation with a reputable lawyer is the first step to the filing of a lawsuit based on birth injury. The lawyer will assess the case to determine if it is worth the effort and, should it be what steps to take. The lawyer will go through medical documents and consult with medical experts to determine whether the medical professionals or other healthcare providers were able to perform their duties.

A successful medical malpractice case will typically include the possibility of a claim for compensation. The lawyer injury near me will collaborate with medical and financial experts to determine the right amount to request. Typically, these include the cost of ongoing treatments and care for the injured child. Loss of enjoyment is a different possibility of injury. This can be a result when a child cannot participate in activities or take part in hobbies they would otherwise have been able to.

The lawyers will then file a lawsuit with the appropriate court. Parents are plaintiffs, while the hospitals, doctors and other healthcare providers are defendants. The legal process will include several hearings and discovery, in which parties exchange information and take depositions. If the case is not settled during this process then a trial will be conducted. The damages will be determined by a jury or judge. Depending on the quality of the evidence, damages could be significant. The lawyers will try to negotiate the most favorable settlement for their clients. They will not accept any settlement that doesn't reflect the true worth of their client's case.

Settlements

If you prevail in your case, your lawyer will assist you in recovering the amount that is legally due to you. The amount will depend on the nature of the injury and your specific needs. Included in this will be the cost of future medical treatment and any loss of income or home modifications as well as ongoing psychological or physical therapy. Your attorney will consult with medical and financial experts to determine the right amount.

The first step is to prove that a doctor did not adhere to their standards of care during the birth of your child. This is usually accomplished by reviewing hospital records and bills to find out if there was mistakes.

After this is done the attorney injury lawyer can then send a demand form to the doctor's or hospital's malpractice insurer. This will include a statement describing the injury and the impact it has on your family, as well as medical records and other documentation. The insurer will either accept or deny the demand and negotiate for a settlement. Your lawyer may bring a lawsuit if the insurance company refuses an offer that is reasonable.

It is important to know that the majority of medical malpractice cases, such as birth injury claims, are settled out of court. It is because hospitals and doctors do not want to be seen as having negative publicity in the event that they are found guilty of medical malpractice. The process of bringing a lawsuit is long and requires a lot of investigation, but a skilled birth injury lawyer will know how to gather and present the evidence that proves negligence occurred.

Your lawyer will know how to negotiate with medical providers and their insurance companies. Insurance companies will employ all tricks to delay settlements and minimize the amount that they are required to pay. Your lawyer will be able to resist these pressure tactics, and present a convincing argument for you based on your facts.

Some victims might be eligible to enroll in New York’s Medical Indemnity Fund, depending on the nature and severity of their injuries. This program will reimburse your children for the cost associated with the birth injury. If the injuries were severe however your lawyer may suggest pursuing a trial with a jury and ask for a larger verdict than you could receive through a settlement.