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How to File a Birth Injury Claim

If your child sustained a birth injury because of negligence by a medical professional, you can file a claim for compensation. Contact a seasoned birth injury lawyer as the first step.

They will evaluate your case and determine if there enough evidence to warrant 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 still alarming. These injuries can cause long-term consequences, including physical disabilities and developmental delays. When negligence by medical professionals causes these injuries, families deserve compensation to help them live their lives to the fullest.

Our team of skilled lawyers can help you create an effective case to ensure that you get the compensation you deserve. We will take the records of your child, and work with specialists to understand the circumstances that led to the incident, and what caused it. We will then file claims and engage with insurance companies in order to settle your claim.

In many cases, the full extent of a child's injuries is not discovered until later in the course of. If this happens, the victims of birth trauma may be able to defend their claims by insisting that the injury should have been discovered earlier and the time limit for filing a claim has passed. Our firm has successfully fought against these tactics in the past, securing millions dollars in settlements for the victims and their families.

We will first meet with you to discuss your case in person and decide if it has merit. We will collect the relevant medical records, and depose witnesses who are able to provide 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 attorney.

We will mail a demand letter with specific information about 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 the medical professionals' malpractice insurance companies to resolve any denials of claim and negotiate a settlement for your claim. If a settlement isn't reached, we will prepare for trial and hire experts to defend your claim. We will seek the maximum compensation that you are legally entitled to.

Medical Malpractice Cases

Medical malpractice lawsuits are based on healthcare professionals who make mistakes during treatments that cause harm. These mistakes can be minor or life-changing. Even the most experienced doctors are susceptible to making mistakes. Medical malpractice lawsuits are most often the result of misdiagnosis, delayed diagnosis, childbirth injuries or surgical mistakes and medication errors as well as anesthesia errors. Certain healthcare specialties, such as OB/GYNs and surgical specialties, are considered to be at a high risk for malpractice lawsuits.

Some medical malpractice cases are so shocking that they draw national attention. CBS News, for example covered the case involving a Mexican girl named Jesica Santillan aged seventeen who required a heart and lung transplant. The Duke University Medical Center in Durham, North Carolina agreed to perform the surgery. However, the surgeons failed to ensure that the blood type of the donor was compatible with Jesica's. Due to this, Jesica suffered from a myriad of complications such as hemolytic uremic disorder (HUS) as well as sepsis, renal failure, and multiple organ transplant rejections.

If a case of medical malpractice establishes that the healthcare provider acted in violation of the standard of care and caused harm the patient could be entitled to both economic and non-economic damages. Medical bills and lost wages are regarded as economic damages. Non-economic damages include pain and suffering as well as disfigurement. Based on the circumstances, punitive damages could also be available.

Most doctors are required to carry professional liability insurance, which mitigates their financial risk from malpractice claims. However, the cost of these policies varies widely and can be contingent on the doctor's practice area.

Some states have also established alternative dispute resolution programs to resolve malpractice claims. These processes typically replace a trial or jury system with an arbitration process that involves a neutral third party who examines evidence from both sides before making the decision.

If you feel that you've been injured by medical professionals, it is important to speak with a seasoned lawyer regarding your case. A medical malpractice lawyer will guide you through the process of collect and analyze your medical records to determine if there is 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

Every state's statute of limitations has its own rules and exemptions, and they vary according to the type 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 frame set for the particular case.

For example, in cases involving birth-related neurological injuries, the deadline for filing a lawsuit typically is two and one-half years from the date that the injury claims lawyers was discovered. However, the timeframe may be longer if there was continuous treatment for the condition. The laws could differ for cases of wrongful deaths.

The first step in a birth injury lawsuit is getting an initial consultation with an experienced attorney. The lawyer will assess the claim to determine if it is worth the effort, and if so, what to do. The lawyer will review medical records and consult with medical experts to determine whether the doctors or other healthcare providers were able to perform their duties.

A successful medical malpractice lawsuit usually includes a claim for damages. The lawyer will consult with financial and medical experts to determine the appropriate amount to demand. These include the costs of ongoing care and treatment for the child. Loss of enjoyment of life is another potential damage. This may be awarded when a child is unable in activities or engage in hobbies they would otherwise have been able to.

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 entail numerous hearings and discovery, during which parties exchange information and take depositions. If the case cannot be settled during this process then a trial will be scheduled. The judge or jury will then determine the damages. Depending on the quality of the evidence, the damages could be significant. They will do everything they can to secure the most favorable settlement for their client. They will not accept any settlement that doesn't reflect the true value of a client's case.

Settlements

If you win your case, your attorney will assist you in recovering the amount of damages owed to you. The amount you receive will depend on the severity of your injury and your particular needs. This will include the cost of any future medical treatment as well as any loss of earnings, changes to your home, and ongoing mental or physical therapy. Your attorney will collaborate with medical and financial experts to determine the right amount to ask for.

The first step is to establish that a doctor Attorneys Injurys did not adhere to their standard of care when your child was born. This is usually done by reviewing hospital records and bills to identify malpractice.

Once this is done after which your lawyer can send an appeal to the malpractice insurance of the hospital or doctor. The demand package should include a written statement explaining the nature of the best injury lawyer near me and its effect on your family as in addition to medical records and other documents. The insurer will either agree or deny the request and then negotiate a settlement. Your lawyer may bring a lawsuit if the insurance company rejects an offer that is reasonable.

It is important to note that the majority of medical malpractice cases, which includes birth injury cases, settle outside of court. This is because doctors and hospitals do not wish to draw negative attention if they are found to have committed medical mistakes. The process of suing can be lengthy and requires lots of research, but an experienced lawyer for birth injuries will know how to gather the evidence that proves negligence.

Your attorney will be able to manage any negotiations with medical professionals and their insurers. Insurance companies will use every trick to delay a settlement, and minimize the amount that they are required 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 might be eligible to enroll in New York's Medical Indemnity Fund, depending on the severity and type of their injuries. The program reimburses your children for a portion of the costs they incurred due to the birth injury. However, if the injuries were severe the attorney may suggest that you go to an open jury trial and seek a greater verdict than the one you get in the settlement.