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How to File a Birth Injury Claim

If your child sustained a birth injury as a result of negligence by a medical professional, you can file a claim for compensation. Consult an experienced birth injury attorney as a first step.

They will evaluate your case and decide if there is enough evidence to support the filing of a lawsuit. They will then gather medical records and witness statements from experts to build a strong case for you.

Birth Trauma Cases

The US is an advanced medical country, but the rate of serious and even fatal injuries to infants is alarming. These injuries may result in lifelong repercussions, including developmental delays, physical disabilities, and even mental illness. Families are entitled to compensation when medical negligence causes these injuries.

Our experienced team of birth injury attorney directory trauma lawyers can help you build a strong case to receive the compensation you're entitled to. We will take your child's medical records, then collaborate with experts to determine what happened, and why. We will then submit claims and negotiate with insurance companies in order to settle your claim.

In a majority of instances, a child's complete extent of the injury becomes visible later in life. In these cases, the victims of birth injuries may be asked to dismiss their claims based on the fact that the injury wasn't discovered sooner or that the statute of limitations has expired. Our firm has successfully fought these tactics in the past, securing millions in settlements for victims.

We will begin by meeting with you in person to discuss your case and determine whether it is meritorious. We will gather the relevant medical records and depose witnesses who are able to give statements under oath that will support your case. We will also interview your child, if it is possible to gain their perspective on the impact of the injury.

We will deliver a demand package containing details about the injuries your child sustained and their effects on their quality of life to the hospital and doctors involved in the case. We will work with medical malpractice insurance companies to resolve any claims denied and negotiate a settlement. If a settlement cannot be reached, we will prepare for trial and appoint expert witnesses to support your case. We will try to obtain the maximum compensation that you are legally entitled to.

Medical Malpractice Cases

Medical malpractice lawsuits include healthcare providers who make mistakes in treatment that cause harm. These errors can range from simple to life-altering. Even the most knowledgeable birth injury attorney doctors can make mistakes. The most common causes of medical malpractice claims include misdiagnosis or delayed diagnosis, childbirth-related injuries, surgical errors, medication errors, and anesthesia mistakes. Certain healthcare specialties are considered to be at risk for malpractice lawsuits including 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 seventeen years old and needed a lung and heart transplant. The Duke University Medical Center in Durham, North Carolina agreed to perform the surgery. The surgeons did not check to see if the blood donor's type was compatible with Jesica. She suffered from multiple complications as a result of the surgery, including hemolytic-uremic syndrome (HUS), sepsis, renal failure, and multiple organ rejections.

If a medical malpractice case proves that a healthcare provider was not following the standard of care and incurred damages the patient could be entitled to both economic and non-economic damages. Economic damages may include medical expenses and lost wages. Non-economic damages include pain and suffering, and disfigurement. Depending on the circumstances, punitive damages may also be available.

The majority of doctors are required to carry professional liability insurance, which helps to reduce the financial risk of malpractice claims. The price of these policies can differ greatly based on the physician's field of practice.

Additionally, certain states have also established alternative dispute resolution programs for resolving malpractice claims. These processes typically replace a trial or jury system with an arbitration procedure that involves a neutral third party that hears evidence from both sides before making an informed decision.

It is important to speak with an experienced attorney about your medical malpractice case if you believe you have been harmed by a healthcare professional. A seasoned medical malpractice attorney can assist you in the process of collecting and analyzing your medical records to determine if you are eligible for a malpractice claim. Sobo & Sobo offers talented lawyers in Middletown, Monticello NYC, Newburgh Spring Valley, Poughkeepsie and throughout Orange County, NY.

Statute of limitations

Each state's statute of limitation has its own rules and exemptions and they vary based on the type of claim. Medical malpractice lawyers are acquainted with each state's laws and will make sure that a complaint has been filed within the time frame set for the particular case.

In cases of qualified birth injury lawyer-related neurologic injuries, the deadline to file a lawsuit usually is two and a half years after the date that the injury was discovered. The timeframe can be extended if the condition was treated for a long time. The laws could be different in cases involving wrongful death.

A complimentary consultation with an experienced attorney is the first step in the filing of a lawsuit based on birth injury. The lawyer will review the claim to determine if it's worth the effort, and should it be, if so, what to do. The cerebral palsy lawyer will go through the medical records and consult with medical experts to determine whether doctors or other healthcare professionals behaved properly.

A successful medical malpractice lawsuit generally includes a claim for damages. The lawyer will consult with financial and medical experts to determine the right amount to request. This will include the costs of ongoing treatment and care for the child. Loss of enjoyment is a different possibility of injury. This can be a result when a child cannot participate in activities or enjoy hobbies they would otherwise have been able.

The lawyers will then file the lawsuit in the appropriate court. Parents become plaintiffs, and the doctors, hospitals and other healthcare providers are defendants. The legal help for birth injury process involves hearings as well as depositions, discovery, and hearings. If the case is not settled during this process the trial will be conducted. The damages will be awarded by a jury or judge. Based on the strength of the evidence, damages could be significant. They will do all they can to secure the best settlement for their client. They will not accept any settlement offer that doesn't reflect the true value of their client's case.

Settlements

If you prevail in your claim, your attorney will help you recover the amount of damages owed to you. The amount will depend on the severity of your injury and your specific needs. Included in this amount is the cost of any future medical treatment, any loss of earnings, modifications to your house as well as ongoing psychological or physical therapy. Your lawyer will consult with financial and medical experts to determine the right amount.

The first step is to establish that a doctor violated their standard of care during your child's birthing process. Often, this is done by reviewing medical bills and hospital bills to identify malpractice.

After this is completed, your lawyer can submit a demand to the malpractice insurance of the hospital or doctor. The demand package should include an explanation in writing of the severity of the accident and its impact on your family as well as medical records and other evidence. The insurer will then either accept or deny the demand and negotiate an agreement. Your lawyer can bring a lawsuit if the insurance company refuses an offer that is reasonable.

It is vital to know that the majority of medical malpractice cases, such as birth injury claims, are settled out-of-court. This is due to the fact that doctors and hospital do not want to be seen as having negative publicity if they are found guilty of medical malpractice. The process of bringing a lawsuit is long and involves a lot of investigation, but a skilled birth injury lawyer will know how to gather and present evidence in your case to prove negligence occurred.

Your lawyer will be able to manage any negotiations with the medical providers and their insurers. Insurance companies will employ various tricks to delay settlements and reduce the amount they are required to pay. Your lawyer can resist these pressure tactics and present a strong case that is based on the facts of your particular situation.

Based on the nature of injury, some victims might be eligible to enroll in the New York's Medical Indemnity Fund. This program will pay your children a portion of their expenses due to the birth injury. If the injuries were serious however, your attorney may suggest pursuing the possibility of a trial before a jury and ask for more than you would receive in settlement.