How to File a Birth Injury Claim
You may be entitled to compensation If your child was injured during birth because of medical negligence. Talk to a knowledgeable birth injury attorney as the first step.
They will review your case to determine if you have sufficient evidence to support the filing of 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 an advanced medical country however the prevalence of serious and even fatal injuries to infants is still alarming. These injuries may result in lifelong repercussions, including developmental delays, physical disabilities, and even mental illness. When medical negligence causes these injuries, families deserve compensation that will allow them to live their lives to the fullest.
Our team of skilled lawyers can assist you in forming an argument that is strong enough to ensure you receive the compensation you're entitled to. We will collect your child's records, collaborate with experts to determine what happened, and why. We will then file claims and discuss with insurance companies in order to settle your claim.
In many cases, the extent of the child's injury is not discovered until later in the course of. In these cases, the victims of birth injuries could be asked to dismiss their claims based on the fact that the injury wasn't discovered earlier or that the statute of limitations is over. 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 case in person and determine whether it's merits. We will collect the relevant medical records and call witnesses who can provide statements under oath to support your case. We will also speak with your child, if it is possible to gain their perspective on the effects of the injury.
We will submit a demand packet to the hospitals and doctors involved in the case, which will include detailed information about your child's injuries and their impact on their quality of life. We will work with medical professionals' malpractice insurance companies to resolve any denials of claim and negotiate a settlement to settle your claim. If best birth injury attorneys Accident Injury Lawyers is not reached, we will prepare for trial and appoint experts to testify in your case. We will seek the maximum amount of compensation you are entitled to under the law.
Medical Malpractice Cases
Medical malpractice claims are filed by healthcare providers who make mistakes during treatment, causing harm. These mistakes can be simple or life-changing. Even the most experienced doctors are capable of making mistakes. Medical malpractice claims are most often caused by misdiagnosis, delayed diagnosis, injuries to the childbirth, surgical mistakes and medication errors as well as anesthesia mistakes. Certain specialties in healthcare, such as OB/GYNs and surgical specialties, are considered to be high-risk for malpractice lawsuits.
Some medical malpractice cases are so horrific that they attract national attention. CBS News, for example, reported on the case that involved 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 operation. However the surgeons were unable to ensure that the donor's blood type was compatible with Jesica's. She suffered from numerous complications as a result which included hemolytic-uremic disorder (HUS), sepsis, renal failure, and multiple organ rejections.
If a medical malpractice case establishes that the healthcare provider acted in violation of the standard of care and caused harm the patient may be entitled to both non-economic and economic damages. Medical bills and lost wages are considered economic damages. Non-economic damages include pain and suffering, and disfigurement. Punitive damages can also be obtained depending on the circumstances.
The majority of doctors are required to carry professional liability insurance. This reduces the risk of financial loss in the case of malpractice claims. However the cost of these policies can vary significantly and is dependent on the doctor's practice area.
Certain states have also instituted alternative dispute resolution programs to resolve claims of malpractice. These programs typically replace a jury trial system with an arbitrator who listens to both sides' evidence and then renders a final ruling.
If you believe that you've been injured by medical professionals it is essential to speak with a seasoned lawyer about your case. A seasoned medical malpractice attorney will guide you through the process of collecting and analyzing your medical records to determine whether 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 own rules, exceptions, and limitations. They vary depending on the type and amount of the claim. Medical malpractice lawyers are acquainted with the laws of each state and will ensure that a complaint is filed within the timeframe permitted for a particular case.
In the case of birth-related neurological injuries the deadline for filing a lawsuit usually is two and a half years from the time the injury was discovered. However, the timeframe may be longer if there was continuous treatment for the condition. In cases of wrongful death, the laws may differ.
A complimentary consultation with a reputable attorney is the first step in the filing of a lawsuit based on birth injuries. The lawyer will evaluate the claim to determine if 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 professionals behaved appropriately.
A successful medical malpractice lawsuit will usually include the possibility of a claim for compensation. The lawyer will consult with medical and financial experts in order to determine the right amount. This includes the costs of ongoing treatment and care for the child. Other possible damages include the loss of enjoyment of life, which may be awarded if a child is not able to take part in activities or hobbies they would otherwise be in a position to enjoy.
The lawyers will then file a lawsuit with the appropriate court. Parents will be plaintiffs, while the hospitals, doctors and other healthcare providers become defendants. The legal process consists of hearings discovery, depositions, and hearings. If the case cannot be resolved during this process, it will go to trial. The damages will be awarded by a jury or judge. Based on the quality of the evidence, damages could be substantial. The lawyers will try to obtain the most effective settlement for their clients. They will not accept any settlement offer that does not reflect the real value of their client's situation.
Settlements
Your attorney will help you obtain the damages you have a right to if you succeed in your case. The amount is contingent on the injury, and your requirements. This will include the cost of any future medical treatment and any loss in earnings, any changes to your home, as well as continuing physical or mental therapy. Your lawyer will consult with medical and financial experts to determine the appropriate amount.
The first step is to prove that a doctor breached their standard of care during your child's birthing process. This is typically done by looking over hospital records and bills to find out if there was malpractice.
After this is done, your attorney may send a demand form to the doctor's or hospital's malpractice insurer. The package will contain a written statement explaining the nature of the injury and its effect on your family as along with medical records and other evidence. The insurance company will then accept or deny the demand and negotiate a settlement. If the insurance company is unwilling to provide a fair amount, your lawyer can start a lawsuit.
It is crucial to understand that the majority of medical malpractice cases, such as birth injury claims, are settled out of court. This is due to the fact that hospitals and doctors don't wish to draw negative attention if they are found to have committed medical mistakes. The lawsuit process can be lengthy and involves a lot discovery, but a seasoned birth injury lawyer knows how to gather and present evidence in your case that proves negligence occurred.
Your attorney will also know how to handle any negotiations with the medical providers and their insurance companies. Insurance companies will try to delay settlements and use every trick they can to reduce the amount they have to pay. Your lawyer can stop these pressure tactics and build a solid case that is based on the specifics of your situation.
Based on the nature of injury, some victims may be eligible to enroll in New York's Medical Indemnity Fund. This program reimburses your children for some of the expenses they incurred as a result of the birth injury. If the injuries were serious however your lawyer may suggest that you go to a trial with jurors and request a larger verdict than you could receive through settlement.