How to File a Birth Injury Claim
You could be entitled to compensation if your child was injured when he was born because of medical negligence. The first step is to speak with a seasoned birth injury lawyer.
They will evaluate your case and determine whether there enough evidence to warrant the filing of a lawsuit. They will then collect medical documents and expert testimony to create an argument that is convincing for you.
Birth Trauma Cases
The US is among the world's most medically advanced countries, but it still has a troubling rate of serious and fatal birth injuries for newborns. These injuries can cause long-term consequences, including physical and developmental disabilities as well as delays in development. If medical negligence is the cause of these injuries, families deserve compensation to help them live their lives to the fullest.
Our team of skilled lawyers can help you create a strong case so that you get the compensation you're entitled to. We will gather and analyze your child's medical records and collaborate with experts to determine the circumstances that led to the incident you need to file a claim against the hospital and the doctors responsible, negotiate with insurance companies to settle your claim (or bring a lawsuit should it be necessary) and present your evidence and arguments jurors.
In many cases, the extent of a child's injuries is not discovered until later in life. When that occurs, those who suffer from birth trauma may confront attempts to discredit their claims by arguing that the injury should have been discovered earlier and that the statute of limitations has run out. Our firm has successfully fought against these tactics in the past, securing millions dollars in settlements for the victims and their families.
We will first meet with you to discuss your case in person and determine if it has merit. We will collect the relevant medical records and interview witnesses who are able to give statements under oath to support your case. We will also talk to your child, if we can to understand their perspective on the effects of the injury.
We will send a demand package to the hospitals and doctors involved in the case, containing details about your child's injuries and their impact on their quality of life. We will work with medical malpractice insurers in order to settle any denials of claims and negotiate a settlement. If a settlement is not reached, we will prepare for trial and hire expert witnesses to support your case. We will pursue the highest amount of compensation you are legally entitled to.
Medical Malpractice Cases
Medical malpractice claims are brought by healthcare providers who make errors during treatment and cause harm. These errors can be simple or life-altering. Even the most knowledgeable doctors can make mistakes. The most frequent reasons for medical malpractice claims include misdiagnosis or delayed diagnosis, childbirth-related injuries, medical errors, surgical errors, and anesthesia errors. Certain healthcare specialties are as being at risk for malpractice suits, such as OB/GYN and surgical specialties.
Certain cases of medical malpractice can be so horrendous that they attract national attention. CBS News, for example covered the case of a Mexican girl Jesica Santillan aged seventeen who needed a lung and heart transplant. The Duke University Medical Center, Durham, North Carolina, accepted to perform the surgery. The surgeons did not examine the blood donor's type was compatible with Jesica. Due to this, Jesica was afflicted with a range of complications that included hemolytic uremic syndrome (HUS), sepsis, renal failure and multiple organ transplant rejections.
If a claim for medical malpractice proves that a healthcare provider deviated from the standard of care and caused damages the patient could be entitled to both economic and non-economic damages. Economic damages may include medical expenses and lost wages. Other damages that are not economic include discomfort and pain, as well as disfigurement. Punitive damages are also available in the event of an incident.
Most doctors are required to have professional liability insurance. This helps reduce their financial risk in the event of malpractice claims. However the cost of these policies varies significantly and is dependent 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 by an arbitration process that involves a neutral third party that hears evidence from both sides and then makes the decision.
It is important to talk to an experienced lawyer regarding your medical malpractice case if you think you've been injured by a healthcare professional. A skilled medical malpractice lawyer will guide you through the process of gathering and reviewing your medical records to determine if you are eligible for a 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 based on the type of claim. Medical malpractice attorneys are familiar with the laws in each state and will ensure that a lawsuit is filed within the time frame that is allowed for a particular case.
For example in cases involving birth-related neurological injuries the deadline to file a lawsuit typically is two and one-half years from the date the injury was discovered. However, the timeline may be longer if there was ongoing treatment for the condition. The laws could also differ for cases involving wrongful death.
A no-cost consultation with an experienced attorney is the first step in bringing a lawsuit for birth injuries. The lawyer will review the case to determine if it is worth the effort and, if so what steps to take. The lawyer will review the medical records and consult medical experts to determine if doctors or other healthcare providers were in compliance with the law.
A successful medical malpractice lawsuit usually includes a claim for damages. The lawyer will consult with medical and financial experts to determine an appropriate amount to ask for. Most often, this includes the costs of any ongoing treatment or care for the child injured. Loss of enjoyment of life is another potential loss. This can be a result when a child is unable in activities or enjoy activities they would have otherwise been able.
The lawyers will then file a lawsuit with the appropriate court. Parents are plaintiffs, while the doctors, hospitals and other healthcare providers are defendants. The legal process involves hearings discovery, depositions, and hearings. If the case cannot be resolved during the process it will go to trial. The jury or judge will award the damages. Based on the strength of the evidence, the damages could be significant. The lawyers will try to negotiate the most favorable settlement for their clients. They will not accept any settlement offer that does not reflect the real worth of their client's case.
Settlements
If you prevail in your case, your attorney will assist you in recovering the amount of damages due to you. The amount you receive will depend on the severity of your injury and your particular needs. Included in this will be the cost of future medical treatment as well as any loss of earnings and home improvements and continuing psychological or physical therapy. Your attorney will consult with financial and medical experts to determine the right amount.
The first step is to prove that a doctor breached their standards of care during the birth of your child. Often, this is done by looking over medical bills and hospital bills to identify mistakes.
Once this is done after which your lawyer can send a demand to the malpractice insurance company of the hospital or doctor. This should include a letter describing the injury and how it affects your family, along with medical records and other documentation. The insurance company will either accept or deny the request and negotiate an agreement. If the insurance company refuses to provide a fair amount, your lawyer can file an action.
fetal distress lawyer Accident Injury Lawyers Claims is vital to know that the majority of medical malpractice cases, like birth injury claims, are settled out of court. This is due to the fact that hospitals and doctors do not want to be seen as having negative publicity in the event that they are found guilty of medical malpractice. The process of suing can be long and requires a lot of research, but an experienced lawyer for birth injuries is able to gather the evidence that proves negligence.
Your lawyer will be able to negotiate with medical professionals and their insurance companies. Insurance companies will attempt to delay a settlement and use every trick they can to reduce the amount they have to pay. Your lawyer can stop these pressure tactics and make a convincing argument for you based on the specifics of your situation.
Certain victims may be eligible to join New York's Medical Indemnity Fund, depending on the nature and severity of their injury. This program reimburses your children a portion of the expenses they have incurred because of the birth injury. If the injuries were serious, your attorney may recommend that you go to an open jury trial and seek a greater verdict than the one you receive as the settlement.