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 seek compensation. The first step is to speak with an experienced
reputable birth injury lawyers injury lawyer.
They will look over your case and determine if there is enough evidence to support the possibility of filing a lawsuit. They will then collect medical records and witness statements from experts to construct a convincing case for you.
Birth Trauma Cases
The US is among the world's most medically advanced countries but it still has a high rate of serious and fatal birth injuries for newborns. These injuries can cause long-term consequences, such as physical and developmental disabilities as well as delays in development. Families deserve compensation when medical negligence causes these injuries.
Our experienced team of birth trauma lawyers can assist you to create a strong case to receive the compensation you are entitled to. We will take the records of your child, and collaborate with experts to determine what happened, and why. We will then submit an insurance claim and negotiate with insurance companies in order to settle your claim.
In many instances, the full extent of a child's injuries is not evident until later on in life. If this happens, the victims of
board-certified birth injury lawyer trauma could confront attempts to discredit their claims by insisting that the injury should have been identified sooner and the time limit for filing a claim has passed. Our firm has successfully fought against 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 situation in person and determine if it has merit. We will collect the relevant medical records and depose any witnesses who can give statements under oath in support of your case. We will also speak with your child, if it is possible, to get their perspective on the impact of the injury.
We will send a demand packet to the doctors and hospitals involved in the case, which will include specific information regarding your child's injury and its impact on their quality of life. We will work with medical malpractice insurers to settle any denials of claims and negotiate an agreement. If a settlement cannot be reached, we will prepare for trial and appoint experts to testify in your case. We will try to obtain the maximum compensation that you are legally entitled to.
Medical Malpractice Cases
Medical malpractice lawsuits involve healthcare providers who commit mistakes in treatment that cause harm. These errors can be simple or life-altering. Even the most knowledgeable doctors are capable of making mistakes. The most common causes of medical malpractice lawsuits are misdiagnosis, or a delayed diagnosis, injuries resulting from childbirth, surgical errors, medication mistakes, and anesthesia lapses. Certain specialties in healthcare are thought to be to be at risk for malpractice lawsuits like OB/GYN or surgical specialties.
Some cases involving medical malpractice can be so horrendous that they capture national attention. For instance, 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. However, the surgeons failed to make sure that the donor's blood type was compatible with Jesica's. Due to this, Jesica was afflicted with a range of complications that included hemolytic uremic syndrome (HUS), sepsis, renal failure and multiple organ transplant rejections.
If a claim for medical malpractice shows that a healthcare provider did not follow the standard of care and incurred damages, the patient may be entitled to both economic and non-economic damages. Economic damages can include medical bills and lost wages. Non-economic damages include pain and suffering and disfigurement. In certain circumstances, punitive damages could also be available.
Most doctors are required have professional liability insurance. This helps reduce their financial risk in the case of malpractice claims. The cost of these policies can vary widely based on the physician's field of practice.
In addition, certain states have established alternative dispute resolution procedures to resolve malpractice claims. These processes generally replace a trial and jury system by an arbitration procedure that involves an impartial third party who examines evidence from both sides and then makes the decision.
It is important to speak with an experienced lawyer regarding your medical malpractice case if believe you have been harmed by a healthcare professional. A skilled
medical malpractice lawyer can guide you through the process of collecting and reviewing your medical records to determine if you have a valid 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 exceptions, and they vary depending on the nature of claim. Medical malpractice lawyers are familiar with the laws of each state and will make sure that a complaint has been filed within the time limit that is applicable to the particular case.
In the case of birth-related neurologic injuries, the deadline to file a lawsuit usually is two and a quarter years after the date that the injury was discovered. The time frame can be extended if the condition was treated continuously. The laws could also be different for cases of wrongful death.
A complimentary consultation with an experienced attorney is the first step towards filing a lawsuit for birth injuries. The lawyer will review the claim to determine whether it's worth pursuing and, if so, what to do. The lawyer will go through the medical records and consult medical experts to determine whether doctors or other healthcare providers behaved properly.
A successful medical malpractice case will typically include an action for compensation. The lawyer will collaborate with financial and medical experts to determine the right amount to ask for. In most cases, this will include the cost of ongoing treatment and care for the child injured. Loss of enjoyment is another possible damage. This can be a result when a child is unable in activities or enjoy hobbies they would otherwise have been able to.
The lawyers will then file a lawsuit in the appropriate court. Parents are plaintiffs, while the hospitals, doctors and other healthcare providers are defendants. The legal process will involve several hearings and discovery sessions, during which the parties discuss information and depositions. If the case isn't resolved during this process it will go to trial. The judge or jury will award the damages. The amount of damages can be substantial depending on the strength and amount of evidence. They will do everything they can to obtain the most favorable settlement for their client. They will not accept any settlement that doesn't reflect the actual value of the case.
Settlements
Your lawyer will assist you to obtain the damages you are entitled to if succeed in your case. The amount is contingent on the injury, and your requirements. This will include the cost of any future medical care as well as any loss of earnings, any changes to your home, and ongoing physical or mental therapy. Your attorney will collaborate with financial and medical experts to determine the appropriate amount to seek.
The first step is to establish that a doctor violated their ethical standards during the birthing process of your child. This is typically done by looking over hospital documents and bills to determine the malpractice.
Once this is done the lawyer can then submit an application to the malpractice insurance company of the hospital or doctor. The package should include a written statement that explains the incident and how it affects you and your family, as well as medical records and other evidence. The insurer will either agree or reject the demand, and negotiate a settlement. Your lawyer can file a lawsuit if the insurance company refuses an offer that is reasonable.
It is important to note that most medical malpractice cases, such as birth injury claims, are settled out of court. This is because hospitals and doctors do not want negative publicity if they are found to have made medical errors. The process of suing can be lengthy and requires a lot of research, but a seasoned lawyer for
birth injury lawsuit Process injuries will know how to gather evidence that proves negligence.
Your attorney will also know how to handle any negotiations with medical providers and their insurance companies. Insurance companies will employ various tricks to delay settlements and even reduce the amount they have to pay. Your lawyer can fight these tactics and build a solid case that is based on the facts of your particular situation.
Depending on the type of injury, some victims might be eligible to join the New York's Medical Indemnity Fund. This program will pay your children the cost associated with the birth injury. However, if the injuries were severe the attorney may suggest that you go to an appeal to a jury and request a higher verdict than the one you receive in a settlement.
