How to File a Birth Injury Claim
If your child sustained a birth injury as a result of medical negligence, you may seek compensation. The first step is to consult with an experienced birth injury lawyer.
They will evaluate your case and determine whether there is enough evidence to justify a lawsuit. They will then collect medical records and expert testimony to create an argument that is convincing for you.
Birth Trauma Cases
The US is a medically advanced nation, but the rate of fatal and serious injuries to infants is still alarming. These injuries can have lifelong repercussions, including developmental delays, physical disabilities as well as mental illness. If medical negligence is the cause of these injuries, families should be entitled to compensation to enable them to live their lives to the fullest.
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 gather and analyze your child's medical records, work with experts to understand what transpired and why you should make a claim against the hospital and the doctors responsible and negotiate with insurance companies to settle your claim (or bring a lawsuit in the event of a lawsuit) and then present your evidence and arguments a jury.
In many instances, the full extent of a child's injury is not evident until later on in the course of. In these cases, victims of birth injuries may be asked to dismiss their claims based on the fact that the injury was not discovered earlier or that the statute of limitation has passed. Our firm has successfully fought these tactics in the previous, securing millions in settlements for victims.
We will first meet with you to discuss your situation in person and determine whether it is meritorious. We will collect the relevant medical records and depose witnesses who are able to give statements under oath in support of your case. We will also, if able, interview your child to get their perspective on the impact of the injury.
We will submit an appeal package to the hospitals and doctors involved in the case, containing specific information regarding the injury your child sustained and its impact on their quality of life. We will work with medical professionals' malpractice insurers to resolve any denials of claim and negotiate a settlement for your claim. If a settlement is not reached we will prepare for trial and hire experts to defend your case. We will seek the maximum amount of compensation you are legally entitled to.
Medical Malpractice Cases
Medical malpractice claims are made by healthcare providers who make errors in treatment that cause harm. These errors could be minor to life-altering. Many of these errors can be avoided however even the most competent doctors make mistakes. Medical malpractice claims are most often caused by misdiagnosis, delay in diagnosis, childbirth injuries or surgical mistakes, medication errors, or anesthesia mistakes. Certain specialties in healthcare are thought to be to be at risk for malpractice lawsuits including OB/GYN and surgical specialties.
Some instances of medical negligence can be so horrendous that they attract national attention. For example, CBS News reported on the case of a 17 year old girl from Mexico named Jesica Santillan who required a heart and lung transplant. The Duke University Medical Center in Durham, North Carolina agreed to carry out the procedure. The surgeons did not check to see if the donor's type of blood was compatible with Jesica. This is why 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 medical malpractice case proves that a healthcare provider was not following the standard of care and caused damages, the patient may be entitled to both economic and non-economic damages. Economic damages may include medical expenses and lost wages. Non-economic damages can include pain and discomfort and disfigurement. Depending on the circumstances, punitive damages could also be available.
Most doctors are required to maintain professional liability insurance, which reduces the financial risk of malpractice claims. However the cost of these policies can vary significantly and is dependent on the doctor's practice area.
In addition, certain states have established alternative dispute resolution programs to settle malpractice claims. These programs generally replace a trial and jury system by an arbitration process that consists of a neutral third party who examines evidence from both sides before making an informed decision.
If you believe that you've been hurt by a healthcare professional It is crucial to consult with an experienced lawyer regarding your case. A medical malpractice lawyer will guide you through the procedure to take a look at and review your medical records to determine if there is an appropriate 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 specific rules and exceptions, and they vary according to the type of claim. Medical malpractice lawyers are acquainted with the laws in each state and will ensure that a complaint is filed within the timeframe allowed for a specific case.
For instance in cases involving neurological injuries that result from birth the deadline to file a lawsuit typically is two and a half years from the date the injury was discovered. However, the timeline may be longer if there was ongoing treatment for the condition. In the event of wrongful deaths the laws could differ.
A no-cost consultation with a reputable lawyer is the first step to the filing of a lawsuit based on birth injuries. The lawyer will evaluate the case to determine if it's worth pursuing and should it be what the best way to proceed. The lawyer will review the medical records and consult medical experts to determine if medical professionals or other healthcare providers were in compliance with the law.
A successful medical malpractice case will usually include the possibility of a claim for compensation. The lawyer will consult with financial and medical experts to determine an appropriate amount to ask for. These include the costs of ongoing treatment and care for the child. The loss of enjoyment is another potential injury. This may be awarded when a child is unable in activities or enjoy hobbies that they otherwise would have been able.
birth injury legal options will then file the lawsuit with the appropriate court. The parents will become plaintiffs, and hospitals, doctors and other healthcare providers become the defendants. The legal process involves hearings discovery, depositions, and hearings. If the case cannot be resolved in this manner the trial will be conducted. The damages will be awarded by a jury or judge. The damages could be significant dependent on the strength and amount of evidence. The lawyers will try to obtain the most effective settlement for their clients. They will not accept a settlement that doesn't reflect the real value of a client's case.
Settlements
If you win your case, your lawyer will assist you in recovering the damages that are rightfully due to you. The amount will depend on the nature of your injury, as well as your needs. Included in this figure is the cost of any future medical treatment as well as any loss of earnings or home modifications, and ongoing physical or psychological therapy. Your attorney will consult with medical and financial experts to determine the appropriate amount.
The first step is to establish that a doctor was not following their standards of practice during the birthing process of your child. This is usually accomplished by examining medical records and hospital bills to determine if there was any the malpractice.
Once this is done the lawyer can then submit an application to the malpractice insurance company of the hospital or doctor. The demand package should include an explanation in writing of the nature of the injury and its effect on your family as along with medical records and other documentation. The insurance company will either accept or reject the demand, and negotiate an agreement. If the insurance company is unwilling to offer a reasonable amount, your attorney may bring a lawsuit.
It is vital to know 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 do not wish to draw negative attention if they are found to have made medical errors. The lawsuit process is lengthy and requires a lot of discovery, but an experienced birth injury lawyer knows how to gather and present evidence that proves negligence took place.
Your lawyer will be able to manage any negotiations with medical providers and their insurers. Insurance companies will employ all tricks to delay settlements and minimize the amount that they have to pay. Your lawyer can resist these pressure tactics and make a convincing case for you that is based on the specifics of your situation.
Based on the type of injury, some victims might qualify to enroll in New York's Medical Indemnity Fund. This program will reimburse your children for a portion of the expenses they have incurred as a result of the birth injury. However, if the injuries were serious the attorney may suggest that you pursue an appeal to a jury and seek a greater amount of money than you would get in the settlement.