How to File a Birth Injury Claim
You may be entitled to compensation if your child was injured at birth because of medical negligence. Consult an experienced birth injury attorney as the first step.
They will examine your case to determine if you have enough evidence to back the suit. They will then gather medical documents and expert testimony to create a strong argument for you.
Birth Trauma Cases
The US is an advanced medical country however, the number of serious and even fatal injuries to infants is alarming. These injuries can have lasting effects, such as physical disabilities, developmental delays as well as mental illness. When medical negligence causes these injuries, families deserve compensation to enable them to live their lives to the fullest.
Our experienced team of birth trauma lawyers can help you build a strong case to receive the compensation you deserve. We will gather and analyze your child's medical records and work with experts to understand the circumstances that led to the incident, file a claim against the hospital and doctors responsible and negotiate with insurance companies to settle your claim (or make a claim in the event of a lawsuit) and then present your evidence and arguments jurors.
In many instances, the full extent of a child's injuries is not apparent until later in the course of. If this happens, the victims of birth trauma could confront attempts to discredit their claims by argument that the injury should have been identified sooner and that the statute of limitations has run out. 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 case in person and decide whether it is meritorious. We will gather relevant medical records and depose any witnesses who can give statements under oath in support of your case. We will also talk to your child, if possible to gain their opinion on the consequences of the injury.
We will present a demand package to the hospitals and doctors involved in the matter, with details about the injury your child sustained and its impact on their quality of life. We will collaborate with medical malpractice insurers to resolve any claims that are denied and negotiate a settlement. If a settlement cannot be reached we will prepare to go to trial and employ experts to prove your case. We will seek the maximum amount of compensation 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 range from simple to life-changing. Even the most skilled doctors are capable of making mistakes. The most common causes of medical malpractice lawsuits include misdiagnosis or delayed diagnosis, injuries resulting from childbirth surgical errors, medication errors, and anesthesia mistakes. Certain specialties in healthcare are thought to be classically high-risk for malpractice suits including OB/GYN and surgical specialties.
Some medical malpractice cases are so horrific that they garner national attention. CBS News, for example has reported on the incident involving a Mexican girl named Jesica Santillan who was seventeen years old and required a heart and lung transplant. The Duke University Medical Center in Durham, North Carolina agreed to perform the operation. The surgeons didn't examine the blood type of the donor was compatible with Jesica. Because of this, she suffered from a variety of complications such as hemolytic uremic disorder (HUS), sepsis, renal failure and multiple organ transplant rejections.
If a medical malpractice case proves that the healthcare provider violated the standards of care and caused harm, the patient could be entitled to both non-economic and economic damages. Economic damages may include medical expenses and lost wages. reliable birth injury lawyer -economic damages include pain and suffering and disfigurement. Punitive damages are also available depending on the circumstances.
The majority of doctors are required to maintain professional liability insurance, which reduces the financial risk of malpractice claims. However the cost of these policies varies significantly and is dependent on the area of practice of the doctor.
In addition, certain states have created alternative dispute resolution programs for resolving malpractice claims. These programs typically replace a jury trial with an arbitrator who hears both sides' evidence and then makes a final decision.
If you feel that you've been hurt by an healthcare professional, it is important to consult with an experienced lawyer about your situation. A medical malpractice lawyer will guide you through the procedure to collect and analyze your medical records to determine if there's 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
Every state's statute of limitations has its own rules and exemptions, and they vary based on the type of claim. Medical malpractice lawyers are acquainted with the laws of each state and will help ensure that a claim is filed within the timeframe allowed for a specific case.
For instance in cases involving neurological injuries caused by birth, the deadline for filing a lawsuit is usually two and one-half years from the date that the injury was discovered. The timeframe may be extended if the condition was treated for a long time. In the case of wrongful death the laws could be different.
A free consultation with an experienced lawyer is the first step in filing a lawsuit for birth injury. The lawyer will evaluate the case to determine if it's worth pursuing and if so, how to proceed. The lawyer will go through medical documents and consult with medical experts to determine whether the healthcare providers or doctors providers acted properly.
A successful medical malpractice lawsuit typically includes the possibility of claiming damages. The lawyer will collaborate with medical and financial experts to determine an appropriate amount to ask for. This will include the costs of ongoing treatment and care for the child. Other damages that could be awarded include loss of enjoyment of life and can be awarded when the child is unable to take part in activities or hobbies that they might otherwise be in a position to enjoy.
The lawyers will then file the lawsuit in the appropriate court. The parents will be plaintiffs, and doctors, hospitals and other healthcare providers become the defendants. The legal process will entail numerous hearings and discovery, in which the parties exchange information and conduct depositions. If the case is not settled during the process, it will go to trial. The damages will be awarded by a jury or judge. Depending on the strength of the evidence, the damages could be significant. The lawyers will work to negotiate the most favorable settlement for their clients. They will not accept any settlement that doesn't reflect the actual worth of their client's case.
Settlements
If you win your claim, your attorney will assist you in obtaining the damages that are rightfully due to you. The amount will depend on the injury and your specific needs. This will include the cost of any future medical care as well as any loss of earnings, modifications to your home, and ongoing mental or physical therapy. Your attorney will consult with financial and medical experts to determine the right amount.
The first step is proving that a doctor was not following their ethical standards during the birth of your child. This is typically accomplished by reviewing hospital documents and bills to determine the malpractice.
Once this has been accomplished, your attorney may send a demand form to the hospital's or doctor's malpractice insurance. This will include an explanation in writing of the severity of the accident and its impact on your family, as along with medical records and other documents. The insurer will either agree or deny the request and then negotiate an agreement. If the insurance company refuses to give a reasonable amount, your attorney can start an action.
It is important to know that the majority of medical malpractice cases, including birth injury cases, settle 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 committed medical malpractice. The lawsuit process can be lengthy and requires a lot of discovery, but an experienced birth injury lawyer will know how to gather and present evidence to prove negligence occurred.
Your attorney will be able to negotiate with medical professionals and their insurance companies. Insurance companies try to delay a settlement and use every method to reduce the amount they are obligated to pay. Your lawyer can resist these pressure tactics, and will present a strong argument for you based on the facts.
Certain victims may be eligible to join the New York's Medical Indemnity Fund, depending on the type and severity of their injury. This program will reimburse your children for a portion of their expenses due to the birth injury. However, if the injuries were severe your lawyer may recommend that you pursue an appeal to a jury and ask for a higher verdict than the one you receive in an agreement.