How to File a
birth injury lawsuit consultation Injury Claim
You may be entitled to compensation If your child was injured when he was born because of medical negligence. The first step is to speak with an experienced birth injury lawyer.
They will review your case and determine if there is enough evidence to support a lawsuit. They will then gather medical records and witness statements from experts to create a strong case for you.
Birth Trauma Cases
The US is among the world's most medically advanced countries, but it has a high rate of serious and fatal birth injuries for newborns. These injuries may result in lifelong repercussions, including developmental delays, physical disabilities as well as mental illness. Families should be compensated when medical negligence leads to these injuries.
Our team of skilled lawyers will help you build an effective case to ensure that you get the compensation you're entitled to. We will review and gather the medical records of your child, collaborate with experts to determine what happened and why you need to submit a claim to the hospital and doctors responsible and negotiate with insurance companies to settle your claim (or make a claim if necessary) and present your evidence and arguments the jury.
In many cases, the full extent of a child's injury is not apparent until later in the course of. In these instances, the victims of birth injuries may be asked to drop their claims on the grounds that the injury wasn't discovered earlier or that the statute of limitation has passed. Our firm has successfully fought these tactics in the previous and secured millions of settlements for the victims.
We will first meet with you to discuss your situation in person and determine whether it is meritorious. We will gather relevant medical records and interview witnesses who can provide statements under oath to support your case. We will also, if you are competent, talk to your child to get their perspective about the effects of the injury.
We will send a demand letter with specific information about the injuries your child sustained and their impact on their quality of life to the doctors and hospitals involved in the case. We will collaborate with medical malpractice insurance companies in order to settle any claims that are denied and negotiate an agreement. If a settlement is not reached, we will prepare for trial and appoint expert witnesses to support 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 brought by healthcare providers who make mistakes in treatment that cause harm. These errors can range from simple to life-changing. A majority of these errors can be avoided however even the most experienced doctors are susceptible to making mistakes. Medical malpractice claims are often triggered by misdiagnosis delayed diagnosis, injuries to the
childbirth injury compensation, surgical mistakes and medication errors as well as anesthesia errors. Certain healthcare specialties are considered to be at risk for malpractice lawsuits, such as OB/GYN and surgical specialties.
Some medical malpractice cases are so horrific that they garner national attention. For instance, CBS News reported on the case of a 17 year old girl from Mexico named Jesica Santillan who required an organ transplant for her heart and lung. The Duke University Medical Center, Durham, North Carolina, accepted to perform the surgery. The surgeons didn't test to determine if the donor's type of blood was compatible with Jesica. Jesica was afflicted with multiple complications as a result of the surgery, including hemolytic-uremic syndrome (HUS) renal failure, sepsis and multiple organ rejections.
If a case of medical malpractice establishes that the healthcare provider breached the standard of care, and caused harm the patient may 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. In addition, punitive damages are available in the event of an incident.
Most doctors are required carry professional liability insurance. This helps reduce the risk of financial loss in the case of malpractice claims. However the price of these policies differs significantly and is dependent on the physician's practice area.
Some states have also established alternative dispute resolution programs to resolve malpractice claims. These procedures typically replace jury trials with an arbitrator who listens to both sides' evidence and then renders a final ruling.
It is crucial to speak with an experienced attorney about your medical malpractice case if you think you've been hurt by a healthcare professional. A skilled medical malpractice lawyer can guide you through the process of collecting and reviewing your medical documents to determine if you are eligible for a 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 has its specific rules, exceptions and limitations. They differ based on the nature and size of the claim. Medical malpractice attorneys are familiar with the laws of each state and will ensure that a complaint is filed within the time frame permitted for a particular case.
For example in cases involving neurological injuries caused by birth the deadline to file a lawsuit is usually two and one-half years from the time the injury was discovered. However, the timeline may 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
best birth injury attorneys injury lawsuit is obtaining a free consultation with an experienced lawyer. The lawyer will assess the claim to determine if it is worth the effort, and should it be, if so, what to do. The lawyer will review medical documents and consult with medical experts to establish whether the doctors or other healthcare providers were able to perform their duties.
A successful medical malpractice lawsuit generally includes the possibility of claiming damages. The lawyer will consult with medical and financial experts to determine the appropriate amount to request. This will include the cost of ongoing care and treatment for the child. Other possible damages include the loss of enjoyment, which may be awarded if the child is unable to take part in activities or hobbies they would otherwise be capable of enjoying.
The lawyers will then file the lawsuit with the appropriate court. The parents become plaintiffs and the hospitals, doctors and other healthcare providers are defendants. The legal process will include a number of hearings and discovery, during which parties exchange information and conduct depositions. If the case cannot be settled during the process, it will go to trial. The damages will be determined by a jury or judge. Depending on the quality of the evidence, damages could be significant. Lawyers will work to negotiate the most favorable settlement for their clients. They will not accept any settlement that doesn't reflect the real value of a client's case.
Settlements
If you win your claim, your attorney will help you recover the amount that is legally due to you. The amount depends on the severity of the injury and your requirements. This will include the cost of any future medical care, any loss in earnings, modifications to your home, as well as ongoing physical or mental therapy. Your attorney will collaborate with financial and medical experts to determine the appropriate amount to ask for.
The first step is to prove that a doctor violated their standard of care during the
birth injury settlements of your child. This is usually done by looking over medical bills and hospital bills to find out if a doctor committed a the malpractice.
Once this has been accomplished the attorney can then send a demand form to the hospital's or doctor's malpractice insurance. This will include a statement that explains the incident and the impact it has on your family, as well as medical records and other evidence. The insurer will then either accept or deny the request and negotiate an agreement. Your lawyer can bring a lawsuit if the insurance company rejects an offer that is reasonable.
It is vital to know that the majority of medical malpractice cases, including
birth injury advocate injury claims, are settled out-of-court. It is because hospitals and doctors don't 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 discovery, but an experienced
award-winning birth Injury attorney injury lawyer is able to gather and present evidence in your case to prove negligence occurred.
Your attorney will also know how to handle any negotiations with medical providers and their insurers. Insurance companies will try to delay a settlement and employ every method to minimize the amount they are obligated to pay. Your lawyer can resist these pressure tactics and build a solid case that is based on the specifics of your situation.
Some victims may be eligible to join New York’s Medical Indemnity Fund, depending on the type and severity of their injury. This program reimburses your children for a portion of the expenses they have incurred as a result of the birth injury. If the injuries were severe however your lawyer may suggest pursuing the possibility of a trial before jurors and request an amount greater than what you can get through settlement.
