How to File a Birth Injury Claim
If your child suffered a birth injury because of medical negligence, you may seek compensation. Contact a seasoned birth injury lawyer as the first step.
They will examine your case to determine if there is enough evidence to back the filing of a lawsuit. They will then gather medical records and testimony from experts to construct a strong case for you.
Birth Trauma Cases
The US is among the world's most medically advanced countries, however, it has a high proportion of serious and fatal injuries to newborns. These injuries can cause long-term consequences, including physical and developmental disabilities as well as delays in development. Families deserve compensation when medical negligence causes these injuries.
Our team of skilled lawyers can help you create a strong case so that you receive the compensation you are entitled to. We will review and gather the medical records of your child and collaborate with experts to determine what happened and why, file a claim against the hospital and doctors responsible, negotiate with insurance companies to settle your claim (or file a lawsuit if necessary) and present your evidence and arguments to a jury.
In many cases, a child's full extent of injury will only become visible later in the course of their lives. In these cases, the victims of birth injuries can be asked to dismiss their claims on the grounds that the injury wasn't discovered sooner or that the statute of limitation is over. Our firm has successfully fought these tactics in the past, securing millions dollars in settlements for victims and their families.
We will start by meeting with you in person to discuss your case and determine whether it has merit. We will take the relevant medical records and depose witnesses to make statements under oath which can support your case. We will also talk to your child, if possible to gain their opinion on the consequences of the injury.
We will send a demand package to the doctors and hospitals involved in the case, containing detailed information about your child's injuries and their impact on their quality of life. We will collaborate with medical malpractice insurance companies to resolve any denials of claims and negotiate a settlement. If a settlement is not reached, we will prepare for trial and employ experts to testify in your case. We will pursue the maximum compensation that 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-changing. A lot of these mistakes can be avoided but even the most skilled doctors can make mistakes. Medical malpractice lawsuits are most often caused by misdiagnosis, delayed diagnosis, injuries to the childbirth, surgical mistakes medication errors, or anesthesia errors. Certain healthcare specialties are classically high-risk for malpractice suits including OB/GYN and surgical specialties.
Some instances of medical malpractice can be so horrendous that they draw national attention. For instance, CBS News reported on the case of a seventeen year old girl from Mexico named Jesica Santillan who needed an organ transplant for her heart and lung. The Duke University Medical Center in Durham, North Carolina agreed to carry out the procedure. The surgeons did not examine the blood donor's type was compatible with Jesica. She suffered from multiple complications as a result of the surgery, including hemolytic-uremic syndrome (HUS) renal failure, sepsis and multiple organ rejections.
If a case of medical malpractice shows that the healthcare provider violated the standard of care and caused damage the patient could be entitled to both non-economic and economic damages. Economic damages include medical bills and lost wages. Other damages that are not economic include pain and discomfort and disfigurement. Punitive damages are also available dependent on the circumstances.
The majority of doctors are required to have professional liability insurance. This helps reduce the risk of financial loss in the event of malpractice claims. However the cost of these policies varies significantly and is dependent on the physician's practice area.
Certain states have also instituted alternative dispute resolution procedures to settle malpractice claims. These processes typically replace a trial and jury system with an arbitration procedure that involves a neutral third party that examines evidence from both sides and makes the decision.
It is important to speak with an experienced attorney about your medical malpractice case if believe you have been harmed by a healthcare provider. A seasoned medical malpractice attorney will guide you through the process of collecting and reviewing your medical records 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 own rules, exceptions, and limitations. They differ based on the nature and size of the claim. Medical malpractice lawyers are acquainted with each state's laws and will make sure that a complaint was filed within the time limit set for the particular case.
For example when it comes to neurological injuries caused by birth, the deadline for filing a lawsuit is generally two and a half years from the date that the injury was discovered. The timeline can be extended if the condition was treated continuously. In cases of wrongful death, the laws may differ.
The first step in a birth injury lawsuit is getting an initial consultation with an experienced lawyer. The lawyer will assess the claim to determine if it's worth the effort, and in the event that it is, what you should do. The lawyer will review medical records and consult with medical experts to determine whether the medical professionals or other healthcare providers performed their duties properly.
A successful medical malpractice lawsuit generally includes an action for damages. The lawyer will consult with medical and financial experts to determine the right amount to request. In most cases, this will include the cost of ongoing treatment and care for the injured child. Other possible damages include the loss of enjoyment that can be awarded when a child is not able to take part in the activities or hobbies they would have otherwise been in a position to enjoy.
The lawyers will then file a lawsuit with the appropriate court. The parents will become the plaintiffs, and the hospitals, doctors, and other healthcare providers will become the defendants. The legal process consists of hearings, discovery, and depositions. If the case is not resolved during the process the case will be taken to trial. The judge or jury will then determine the damages. The amount of damages could be substantial dependent on the strength and amount of evidence. They will do all they can to secure the most advantageous settlement for their client. They will not accept a settlement offer that does not reflect the actual value of the case.
Settlements
If you win your case, your lawyer will assist you in obtaining the damages that are rightfully due to you. The amount depends on the injury, and your needs. This includes the cost of any future medical treatment, any loss in earnings, any changes to your home, as well as ongoing mental or physical therapy. birth injury compensation will collaborate with financial and medical experts to determine the right amount to seek.
The first step is to prove that a doctor did not adhere to their standards of practice during the birthing process of your child. This is often done by reviewing hospital documents and bills to determine malpractice.
Once this is done after which your lawyer can send an application to the malpractice insurance of the hospital or doctor. The package should include a written statement that explains the incident and the impact it has on your family, along with medical records and other documents. The insurer will either agree or deny the request and negotiate the settlement. If the insurance company is unwilling to offer a reasonable amount, your lawyer can file a lawsuit.
It is important to note that most medical malpractice cases, including birth injury claims, are settled outside of court. This is because hospitals and doctors do not want to be branded as negative when they are discovered to have made medical errors. The process of filing a lawsuit is lengthy and requires an extensive amount of research, but a knowledgeable lawyer for birth injuries will know how to gather evidence to prove negligence.
Your lawyer will know how to negotiate with medical providers and their insurance companies. Insurance companies will use all tricks to delay settlements and reduce the amount they have to pay. Your lawyer can resist these pressure tactics, and will present a strong argument based on the facts.
Some victims might be eligible for enrollment in the New York's Medical Indemnity Fund, depending on the type and severity of their injuries. This program reimburses your children for a portion of the expenses they incurred as a result of the birth injury. If the injuries were serious However your lawyer may suggest that you pursue the possibility of a trial before jurors and request a larger verdict than you can get through settlement.