How to File a
Birth Injury ClaimYou may be entitled to compensation if your child was injured during birth because of medical negligence. Talk to a knowledgeable
birth injury legal advice injury lawyer as the first step.
They will review your case to determine if you have enough evidence to back the filing of a lawsuit. They will then gather medical records and testimony from experts to build a convincing case for you.
Birth Trauma Cases
The US is a medically advanced nation, but the rate of fatal or even serious injuries to infants is alarming. These injuries can have lifelong consequences, such as physical disabilities and developmental delays. Families are entitled to compensation when medical negligence leads to these injuries.
Our team of skilled
birth injury litigation process trauma lawyers will help you create a strong case to get the compensation you are entitled to. We will take your child's records, work with specialists to understand what happened and the reasons behind it. We will then make claims and discuss with insurance companies in order to resolve your claim.
In a majority of instances, a child's complete extent of injury will only become visible later in life. If this happens, the those who suffer from birth trauma may be able to defend their claims by argument that the injury should have been discovered sooner and that the time limit for filing a claim has passed. Our firm has successfully fought these tactics in the past, securing millions of dollars in settlements for victims and their families.
We will first meet with you to discuss your case in person and decide whether it's merits. We will gather relevant medical records and interview witnesses who can provide statements under oath in support of your case. We will also speak with your child, if we can, to get their opinion on the consequences of the injury.
We will mail a demand package containing detailed information on the injuries your child sustained and their impact on their quality of life to the doctors and hospital involved in the case. We will work with medical malpractice insurance companies to settle any claims denied and negotiate an agreement. If a settlement cannot be reached, we will prepare for trial and appoint experts to defend your case. We will pursue the maximum amount of compensation you are legally entitled to under the law.
Medical Malpractice Cases
Medical malpractice claims are filed by healthcare providers who make mistakes during treatment and cause harm. These mistakes can range from simple to life-changing. Even the most knowledgeable doctors are capable of making mistakes. The most common causes of medical malpractice claims include misdiagnosis or a delayed diagnosis, childbirth-related injuries, mistakes in surgery, medication errors, and anesthesia errors. Certain healthcare specialties like OB/GYNs and surgical specialties, are thought to be at risk for malpractice lawsuits.
Some instances of medical negligence can be so horrendous 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 an organ transplant for her heart and lung. The Duke University Medical Center in Durham, North Carolina agreed to perform the operation. The surgeons failed to test to determine if the donor's type of blood was compatible with Jesica. Jesica was afflicted with numerous complications as a consequence which included hemolytic-uremic disorder (HUS), renal failure, sepsis and multiple organ rejections.
If a claim for medical malpractice establishes that a healthcare professional deviated from the standard of care and caused harm, the patient may be entitled to both economic and non-economic damages. Medical expenses and lost wages are considered economic damages. Other damages that are not economic include pain and discomfort and disfigurement. In certain circumstances, punitive damages could also be available.
Most doctors are required to carry professional liability insurance. This reduces their financial risk in the case of malpractice claims. However, the cost of these policies varies widely and can be contingent on the area of practice of the doctor.
Additionally, certain states have established alternative dispute resolution programs to settle malpractice claims. These programs typically replace jury trials with an arbitrator who listens to both sides' arguments and then renders a final ruling.
If you feel that you have been injured by a healthcare professional, it is important to speak with a seasoned lawyer about your case. A skilled medical malpractice lawyer can guide you through the process of gathering and reviewing your medical records to determine if you have a valid malpractice claim. Sobo & Sobo has talented lawyers available in Middletown, Monticello, NYC, Newburgh, Spring Valley, Poughkeepsie and all of Orange County, NY.
Statute of limitations
Each state has its specific rules, exceptions and limitations. They differ based on the nature and size of the claim. Medical malpractice lawyers are acquainted with the laws in every state and can help ensure that a lawsuit is filed within the time frame allowed for a specific case.
In the case of birth-related neurological injuries, the deadline to file a lawsuit is usually two and a quarter years after the date the injury was discovered. However, the timeframe could be longer if there was ongoing treatment for the condition. The laws could also differ for cases of wrongful death.
The first step in a
birth injury case evaluation injury lawsuit is to get the opportunity to consult with an experienced attorney. The lawyer will assess the case to determine if it is worth the effort and, should it be what the best way to proceed. The lawyer will look over medical records and consult with medical experts to determine if doctors or other healthcare providers were in compliance with the law.
A successful medical malpractice lawsuit usually includes the possibility of claiming damages. The lawyer will consult with financial and medical experts in order to determine the appropriate amount. In most cases, this will include the cost of ongoing treatments and care for the child injured. Other damages that could be awarded include loss of enjoyment of life and can be awarded when the child isn't able to participate in sports or activities that they might otherwise be capable of enjoying.
The lawyers will then file the lawsuit in the appropriate court. The parents will be the plaintiffs, and the hospitals, doctors, and other healthcare providers will become the defendants. The legal process consists of a series of hearings discovery, depositions, and hearings. If the case is not settled during this process the trial will be conducted. The damages will be determined by the judge or jury. 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 a settlement offer that does not reflect the actual value of the case.
Settlements
Your lawyer will assist you get the compensation you have a right to if you succeed in your case. The amount will be based on the nature of the injury and your particular requirements. This will include the cost of future medical care, any loss in earnings, changes to your home, and ongoing physical or mental therapy. Your lawyer will consult with financial and medical experts to determine the appropriate amount.
The first step is to prove that a doctor violated their standard of practice when delivering your child. This is usually done by looking over hospital documents and bills to determine mistakes.
Once this is done after which your lawyer can send an appeal to the malpractice insurance company of the hospital or doctor. The demand package should include an explanation in writing of the injury and its impact on your family as well as medical records and other evidence. The insurer will either accept or reject the demand, and then negotiate a settlement. Your attorney 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, including
birth injury specialists injury claims, are settled out-of-court. It is because hospitals and doctors don't want to be a source of negative publicity in the event that they are found guilty of medical malpractice. The process of suing can be lengthy and requires lots of research, but a knowledgeable lawyer for birth injuries will know how to gather the evidence to prove negligence.
Your attorney will also know how to handle any negotiations with the medical providers and their insurers. Insurance companies will use every trick to delay a settlement, and reduce the amount they have to pay. Your lawyer can stop these pressure tactics and make a convincing argument for you based on the facts of your individual situation.
Certain victims may be eligible to enroll in New York's Medical Indemnity Fund, depending on the type and severity of their injury. This program reimburses your children a portion of the expenses they incurred due to the
birth injury specialists injury. If the injuries were severe, your attorney may recommend that you seek an open jury trial and ask for a higher verdict than what you could get in a settlement.
