How to File a Birth Injury Claim

If your child was injured at birth injury due to negligence on the part of a doctor, you could make a claim for compensation. The first step is to talk with an experienced birth neonatal injury lawyer lawyer.

They will evaluate your case to determine if you have sufficient evidence to support a suit. They will then gather medical records and testimony from experts to construct a convincing case for you.

Birth Trauma Cases

The US is a medically advanced nation however the prevalence of fatal and serious injuries to infants is still alarming. These injuries may result in lifelong repercussions, including physical disabilities, developmental delays as well as mental illness. When negligence by medical professionals causes these injuries, families deserve compensation to help them live their lives to the fullest extent possible.

Our team of experienced lawyers can assist you in forming an effective case to ensure that you get the compensation you deserve. We will gather your child's records, collaborate with experts to determine the circumstances that led to the incident, and what caused it. We will then submit a claim and discuss with insurance companies in order to resolve your claim.

In most cases, a child's full extent of injury is only evident later in the course of their lives. In these cases, victims of birth injuries may be questioned about the validity of their claims based on the fact that the injury wasn't discovered sooner or the statute of limitations has passed. Our firm has successfully fought these tactics in the past, securing millions in settlements for the victims.

We will first meet with you to discuss your case in person and decide whether it is meritorious. We will collect the relevant medical records and depose witnesses who are able to provide statements under oath that can be used to support your case. We will also, if you are able, interview your child to get their perspective on the impact of the injury.

We will present an appeal package to the hospitals and doctors involved in the case, which will include detailed information about the injury your child sustained and its impact on their quality of life. We will work with medical malpractice insurers in order to settle any denials of claims and negotiate an agreement. If a settlement is not reached we will prepare for trial and hire expert witnesses to support your case. We will seek the maximum amount of compensation you are legally entitled to under the law.

Medical Malpractice Cases

Medical malpractice claims are based on healthcare professionals who make mistakes during treatments that cause harm. These errors could be small or life-changing. Even the most skilled doctors can make mistakes. Medical malpractice claims are often caused by misdiagnosis, delay in diagnosis, childbirth injuries, surgical mistakes and medication errors as well as anesthesia mistakes. Certain healthcare specialties are to be at risk for malpractice lawsuits including OB/GYN and surgical specialties.

Some medical malpractice cases are so horrifying that they garner national attention. For example, CBS News reported on the case of a 17 year old girl from Mexico named Jesica Santillan who needed 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 check to see if the blood donor's type was compatible with Jesica. Jesica was afflicted with multiple complications as a result of the surgery, including hemolytic-uremic syndrome (HUS) and sepsis, renal failure and multiple organ rejections.

If a medical malpractice case shows that a healthcare provider did not follow the standard of care and caused damages, the patient may be entitled to both economic and non-economic damages. Medical expenses and lost wages are considered economic damages. Non-economic damages can include pain and discomfort as well as disfigurement. Punitive damages are also available in the event of an incident.

Most doctors are required to carry professional liability insurance, which reduces the financial risk of malpractice claims. The cost of these policies can vary greatly depending on the physician's field of practice.

Some states have also established alternative dispute resolution procedures to settle claims of malpractice. These procedures typically replace a jury trial system with an arbitrator who listens to both sides' arguments and makes a final decision.

It is essential to speak with an experienced attorney about your medical malpractice claim if you think you've been injured by a healthcare professional. A medical malpractice lawyer can guide you through the process of take a look at and review your medical records to determine if there is an actual 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's statute of limitations has its own rules and exemptions, and they vary according to the type of claim. Medical malpractice lawyers are acquainted with the laws in each state and will help ensure that a complaint is filed within the time frame permitted for a particular case.

For instance in cases involving neurological injuries that result from birth the deadline for filing a lawsuit is generally two and two and a half years after the time the injury was discovered. However, the timeframe could be longer if there was continuous treatment for the condition. The laws may also differ for cases involving wrongful death.

The first step in a birth injury lawsuit is obtaining the opportunity to consult with an experienced lawyer. The lawyer will evaluate the case to determine whether it is worth pursuing and, if so what steps to take. The lawyer will review medical records and consult with medical experts to determine whether the healthcare providers or doctors providers performed their duties properly.

A successful medical malpractice lawsuit will usually include an action for compensation. The lawyer will consult with medical and financial experts in order to determine the right amount. In most cases, this will include the cost of ongoing treatments and treatment for the child who has been injured. Other potential damages include the loss of enjoyment that may be awarded if the child isn't able to take part in sports or activities that they would otherwise be in a position to enjoy.

The lawyers will then file a lawsuit in 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 cannot be resolved during this process it will go to trial. The damages will be awarded by a jury or judge. The damages could be significant dependent on the strength and amount of the evidence. The lawyers will work to negotiate the most favorable settlement for their clients. They will not accept a settlement offer that does not reflect the actual value of the case.

Settlements

Your lawyer will assist you to recover damages that you are entitled to if succeed in your case. The amount depends on the nature of your injury, as well as your requirements. Included in this will be the cost of future medical treatment and any loss of income and home improvements and continuing psychological or physical therapy. Your attorney will work with medical and financial experts to determine the right amount to seek.

The first step is proving that a doctor was not following their ethical standards when delivering your child. This is typically accomplished by reviewing hospital documents and bills to determine malpractice.

Once this is done, your lawyer can submit an appeal to the malpractice insurance of the hospital or doctor. The package will contain an explanation in writing of the nature of the injury and its effect on your family, as well as medical records and other evidence. The insurer will then either accept or decline the request and negotiate a settlement. If the insurance company refuses to provide a fair amount, your cerebral palsy lawyer can file a lawsuit.

It is important to note that the majority of medical malpractice cases, which includes compassionate birth injury lawyer injury cases, settle out of court. This is due to the fact that hospitals and doctors don't want negative publicity in the event that they are found to have made medical errors. The process of suing can be long and requires an extensive amount of research, but a seasoned lawyer for birth injuries knows how to gather evidence that proves negligence.

Your lawyer will know how to negotiate with medical professionals and their insurance companies. Insurance companies will employ all tricks to delay settlements and even reduce the amount they are required to pay. Your lawyer can fight these tactics and will be able to present a convincing argument for you based on the facts.

Certain victims may be eligible to enroll in the New York's Medical Indemnity Fund, depending on the severity and type of their injury. The program reimburses your children a portion of the expenses they have incurred due to the birth injury attorney fees injury. However, if the injuries were serious the attorney may suggest that you go to a jury trial and ask for a higher verdict than what you could receive as the settlement.