How to File a Birth Injury Claim
You may be entitled to compensation If your child was injured during birth because of medical negligence. Contact a seasoned birth injury lawyer as the first step.
They will examine your case to determine if there's enough evidence to support the suit. They will then gather medical records and testimony from experts to build a convincing case for you.
Birth Trauma Cases
The US is one of the most advanced medically advanced nations, but it still has a high proportion of serious and fatal injuries to infants. These injuries could have lasting effects, such as physical disabilities, developmental delays, and even mental illness. Families are entitled to compensation when medical negligence leads to these injuries.
Our experienced team of lawyers can help you create a strong case so that you receive the money you deserve. We will collect and analyze your child's medical records and work with experts to understand what happened and why you need to submit a claim to the hospital and the doctors responsible and negotiate with insurance companies to settle your claim (or file a lawsuit if necessary) and then present your evidence and arguments before jurors.
In many instances, the full extent of a child's injuries is not apparent until later in life. If this happens, the those who suffer from birth trauma may be able to defend their claims by insisting that the injury should have been discovered sooner and the time limit for filing a claim has passed. Our firm has successfully fought these tactics in the past years, securing millions of dollars in settlements for victims.
We will begin by meeting you in person to discuss your case and determine if it is a valid argument. We will gather the relevant medical records, and depose witnesses who are able to provide statements under oath that can be used to support your case. We will also, if capable of it, speak with your child to obtain their perspective on the impact of the injury.
We will send a demand package containing specific information about your child's injuries and the effects on their quality of life to the doctors and hospitals involved in the case. We will collaborate with the medical professionals' malpractice insurance providers to resolve any denials of claim and negotiate an agreement to settle your claim. If a settlement cannot be reached, we will prepare for trial and engage experts to support your claim. We will seek the maximum amount of compensation you are legally entitled to.
Medical Malpractice Cases
Medical malpractice lawsuits are based on healthcare professionals who make mistakes in treatment that cause harm. These errors can be simple or life-changing. A lot of these mistakes can be avoided but even the most experienced doctors make mistakes. Medical malpractice claims are often caused by misdiagnosis, delayed diagnosis, injuries to the childbirth surgical errors and medication errors as well as anesthesia mistakes. Certain healthcare specialties like OB/GYNs and surgical specialties, are thought to be at risk for malpractice lawsuits.
Some cases involving medical malpractice can be so horrendous that they draw 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, Durham, North Carolina, accepted to perform the surgery. However the surgeons were unable to make sure that the blood type of the donor was compatible with Jesica's. This is why Jesica suffered from a myriad of complications that included hemolytic uremic syndrome (HUS), sepsis, renal failure and multiple organ transplant rejections.
If a medical malpractice lawsuit proves that the healthcare provider violated the standards of care and caused damage the patient may be entitled to both economic and non-economic damages. Economic damages include medical bills and lost wages. Non-economic damages include pain and discomfort and disfigurement. Punitive damages are also available depending on the circumstances.
Most doctors are required to carry professional liability insurance. This helps reduce their financial risk in the event of malpractice claims. However, the price of these policies differs widely and can be contingent on the doctor's practice area.
Certain states have also instituted alternative dispute resolution procedures to settle malpractice claims. These procedures typically replace a trial and jury system with an arbitration process that consists of an impartial third party who listens to evidence from both sides before making an informed decision.
If you suspect that you've been injured by medical professionals, it is important to consult with an experienced lawyer about your situation. A medical malpractice lawyer can guide you through the process to take a look at and review your medical records to determine if there is a valid malpractice claim. Sobo & Sobo offers talented attorneys in Middletown, Monticello NYC, Newburgh Spring Valley, Poughkeepsie and all over Orange County, NY.
Statute of Limitations
Each state's statute of limitations has its own rules and exemptions, and they vary depending on the nature of claim. Medical malpractice lawyers are familiar with the laws of each state and will ensure that the complaint was filed within the deadline that is applicable to the particular case.
In the case of birth-related neurological injuries the deadline for filing a lawsuit is usually 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. The laws may also be different for cases of wrongful death.
The first step in a birth injury lawsuit is getting the opportunity to consult with an experienced attorney. The lawyer will assess the case to determine if it is worth the effort and, should it be what the best way to proceed. The lawyer will look over medical records and consult with medical experts to determine if doctors or other healthcare providers were in compliance with the law.
A successful medical malpractice lawsuit will usually include a claim for compensation. The lawyer will consult with financial and medical experts to determine the right amount. This will include the costs of ongoing care and treatment for the child. The loss of enjoyment is a different possibility of loss. This can be a result when a child is unable to participate in activities or take part in hobbies that they otherwise would have been able.
The lawyers will then file the lawsuit with the appropriate court. Parents are plaintiffs, while the hospitals, doctors and other healthcare providers become defendants. The legal process will involve numerous hearings and discovery, in which parties exchange information and conduct depositions. If the case cannot be settled during this process the trial will be held. The damages will be awarded by the judge or jury. Depending on the strength of the evidence, damages could be substantial. The lawyers will try to negotiate the most favorable settlement for their clients. They will not accept any settlement that does not reflect the actual value of the case.
Settlements
If you are successful in proving your case, your lawyer will assist you in recovering the amount that is legally due to you. The amount depends on the nature of your injury, as well as your requirements. This will include the cost of future medical treatment, any loss in earnings, changes to your home, as well as ongoing mental or physical therapy. Your attorney will work with medical and financial experts to determine the right amount to ask for.
The first step is to prove that a doctor violated their standard of practice during the birthing process of your child. This is usually done by reviewing hospital records and bills to identify the malpractice.
After this is completed the lawyer can then submit an application to the malpractice insurance of the hospital or doctor. The demand package should include an explanation in writing of the injury and its impact on your family, as well as medical records and other documents. The insurer will either accept or reject the demand, and negotiate a settlement. If the insurance company refuses to provide a fair amount, your attorney may bring an action.
It is vital to know that the majority of medical malpractice cases, including birth injury claims, are settled out-of-court. This is because doctors and hospitals do not wish to draw negative attention if they are found to have committed medical mistakes. birth injury law experts Accident Injury Lawyers is lengthy and involves a lot of discovery, but a seasoned birth injury lawyer will know how to gather and present the evidence that proves negligence occurred.
Your lawyer will be able to manage any negotiations with the medical providers and their insurance companies. Insurance companies will employ all tricks to delay settlements and minimize the amount that they have to pay. Your lawyer can stop these pressure tactics and make a convincing case for you that is based on the facts of your individual situation.
Based on the nature of injury, some victims could qualify to enroll in the New York's Medical Indemnity Fund. This program reimburses your children for a portion of the costs they incurred as a result of the birth injury. However, if the injuries were severe your lawyer may recommend that you seek an open jury trial and request a higher amount of money than you would get in the settlement.