How to File a Birth Injury Claim

If your child sustained a birth injury because of medical negligence, you may make a claim for compensation. The first step is to talk with a skilled award-winning birth injury attorney injury lawyer.

They will review your case to determine if there's enough evidence to support a suit. They will then collect medical records and expert testimony to make a strong argument for you.

Birth Trauma Cases

The US is an advanced medical country, but the rate of fatal or even serious injuries to infants is still alarming. These injuries can have long-lasting consequences, such as physical and developmental disabilities as well as delays in development. Families deserve compensation when medical negligence leads to these injuries.

Our experienced team of lawyers can assist you in forming an effective case to ensure that you receive the money you deserve. We will collect your child's medical records, then consult with specialists to discover the circumstances that led to the incident, and what caused it. We will then file an insurance claim and engage with insurance companies to settle your claim.

In many cases, the full extent of a child's injuries is not evident until later in life. If this happens, the victims of veteran birth injury lawyer trauma could confront attempts to discredit their claims by insisting that the injury should have been discovered sooner and that the statute of limitations has run out. Our firm has successfully fought against these tactics in the past and secured millions of settlements for the victims.

We will start by meeting you in person to discuss your case and determine if it is meritorious. We will gather the relevant medical records, and depose witnesses who can provide statements under oath that will support your case. We will also, if you are competent, talk to your child to get their opinion on the consequences of the injury.

We will mail an order package that contains detailed information on your child's injuries and the impact on their quality of life to the hospital and doctors involved in the case. We will collaborate with medical malpractice insurance companies to resolve any claims that are denied and negotiate an agreement. If a settlement is not reached, we will prepare to go to trial and employ experts to defend your claim. We will pursue the maximum amount of compensation you are legally entitled to.

Medical Malpractice Cases

Medical malpractice claims include healthcare providers who make errors during treatments that cause harm. These mistakes could be minor to life-changing. Many of these errors are preventable, but even the most competent doctors make mistakes. Medical malpractice lawsuits are most often triggered by misdiagnosis delayed diagnosis, childbirth injuries, surgical mistakes medication errors, or anesthesia mistakes. Certain healthcare specialties are considered classically high-risk for malpractice suits, such as OB/GYN and surgical specialties.

Some medical malpractice cases are so horrifying that they garner 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, Durham, North Carolina, accepted to perform the surgery. The surgeons failed to check to see if the blood type of the donor was compatible with Jesica. Because of this, Jesica was afflicted with a range of complications, including 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 include medical bills and lost wages. Non-economic damages include discomfort and pain, as well as disfigurement. Punitive damages can also be obtained depending on the circumstances.

Most doctors are required to carry professional liability insurance. This reduces their financial risk in the case of malpractice claims. However, the price of these policies differs widely and can be contingent on the area of practice of the doctor.

In addition, some states have established alternative dispute resolution programs to settle malpractice claims. These procedures typically replace a trial and jury system with an arbitration procedure that involves a neutral third party who hears evidence from both sides before making an informed decision.

If you believe that you have been injured by medical professionals it is essential to consult with an experienced lawyer about your case. 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 at your disposal 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 depending on the nature and size of the claim. Medical malpractice lawyers are acquainted working with birth injury lawyers the laws of each state and will make sure that the complaint is filed within the time limit set for the particular case.

For example when it comes to birth-related neurological injuries, the deadline for filing a lawsuit is generally two and two and a half years after the date that the injury was discovered. However, the timeframe may be longer if there was continuous treatment for the condition. In cases of wrongful death the law could be different.

The first step in a birth injury lawsuit is to get a free consultation with an experienced lawyer. The lawyer will review the case to determine if it's worth pursuing and should it be, how to proceed. The lawyer will look over medical records and consult with medical experts to determine whether the medical professionals or other healthcare providers were able to perform their duties.

A successful medical malpractice case will usually include a claim for compensation. The lawyer will work with financial and medical experts to determine the appropriate amount to ask for. These include the cost of ongoing care and treatment for the child. The loss of enjoyment is another potential damage. This can be a result when a child is unable to participate in activities or enjoy hobbies they would otherwise have been able.

The lawyers will then file a lawsuit with the appropriate court. The parents will be plaintiffs, and hospitals, doctors and other healthcare providers become defendants. The legal process involves hearings as well as depositions, discovery, and hearings. If the case is not settled during this process the trial will be scheduled. The damages will be awarded by the judge or jury. Based on the quality of the evidence, damages could be substantial. Lawyers will work to obtain the most effective settlement for their clients. They will not accept a settlement 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 win your case. The amount you receive will depend on the injury and your specific requirements. This includes the cost of future medical care and any loss in earnings, changes to your home, and continuing physical or mental therapy. Your attorney will work with medical and financial experts to determine an appropriate amount to ask for.

The first step is to establish that a doctor breached their standards of care when your child was born. Most often, this is done by reviewing medical bills and hospital bills to find out if a doctor committed a mistakes.

Once this is done the lawyer can then submit an appeal to the malpractice insurance company of the hospital or doctor. The demand package should include a written explanation of the nature of the injury and its effect on your family, as along with medical records and other documents. The insurer will either accept or deny the request and negotiate an agreement. Your lawyer may start a lawsuit if insurance company refuses an offer that is reasonable.

It is important to know that most medical malpractice cases, including reliable Birth injury lawyer injury claims, are settled out of court. This is because hospitals and doctors do not want to be branded as negative when they are discovered to have committed medical malpractice. The process of bringing a lawsuit is long and involves a lot investigation, but a skilled birth injury lawyer will know how to gather and present evidence that proves negligence took place.

Your attorney will know how to negotiate with medical professionals and their insurance companies. Insurance companies will employ every trick to delay a settlement, and reduce the amount they are required to pay. Your lawyer can resist these pressure tactics and make a convincing case for you that is based on the facts of your particular situation.

Based on the nature of injury, some victims might be eligible to enroll in New York's Medical Indemnity Fund. This program will reimburse your children a portion of the expenses they incurred as a result of the reputable birth injury lawyers injury. If the injuries were severe however, your attorney may suggest that you go to a trial with an jury and seek an amount greater than what you can get through an agreement.