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How to File a Birth Injury Claim

If your child suffered a birth injury as a result of medical negligence, you may seek compensation. The first step is to consult with an experienced reliable birth injury lawyer (prev) injury lawyer.

They will evaluate your case to determine if there is enough evidence to back the suit. They will then collect medical records and expert testimony to create an argument that is strong for you.

Birth Trauma Cases

The US is one of the world's most advanced medically advanced nations, but it has a troubling rate of serious and fatal injuries to newborns. These injuries may result in permanent repercussions that can last a lifetime, such as physical disabilities, developmental delays, and even mental illness. Families are entitled to compensation when medical negligence causes these injuries.

Our experienced team of birth trauma attorney trauma lawyers will help you build a strong case to be compensated for the damages you are entitled to. We will collect your child's medical records, then work with specialists to understand the circumstances that led to the incident, and what caused it. We will then submit claims and engage with insurance companies to settle your claim.

In most instances, the full extent of injury is only apparent later in life. In these cases, victims of birth injuries could be asked to dismiss their claims based on the fact that the injury wasn't discovered sooner or that the statute of limitations has passed. Our firm has successfully fought these tactics in the past, securing millions of dollars in settlements for the victims and their families.

We will first meet with you to discuss your case in person and decide if it has merit. We will take the relevant medical records, and depose witnesses to make statements under oath which will support your case. We will also speak with your child, if we can, to get their perspective on the impact of the injury.

We will deliver an order package that contains detailed information on your child's injuries and the impact on his or her quality of life to the doctors and hospital involved in the case. We will work with medical malpractice insurance companies to resolve any denials of claims and negotiate an agreement. If a settlement is not reached, we will prepare for trial and appoint experts to testify in your case. We will pursue the highest amount of compensation you are legally entitled to.

Medical Malpractice Cases

Medical malpractice claims include healthcare providers who make errors during treatment that cause harm. These errors can be simple or life-altering. A majority of these errors are avoidable, but even the most skilled doctors can make mistakes. Medical malpractice claims are often the result of misdiagnosis, delay in diagnosis, childbirth injuries or surgical mistakes, medication errors, or anesthesia mistakes. Certain healthcare specialties are classically high-risk for malpractice suits, such as OB/GYN and surgical specialties.

Some medical malpractice cases are so horrific that they attract national attention. For instance, CBS News reported on the case of a 17 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 failed to examine the blood type of the donor was compatible with Jesica. Because of this, Jesica was afflicted with a range of complications, including hemolytic uremic syndrome (HUS) as well as sepsis, renal failure and multiple organ transplant rejections.

If a medical malpractice claim proves that a healthcare provider was not following the standard of care and caused harm, the patient may be entitled to both economic and non-economic damages. Medical expenses and lost wages are economic damages. Other damages that are not economic include pain and discomfort as well as disfigurement. Based on the circumstances, punitive damages may also be available.

The majority of doctors are required to carry professional liability insurance, which helps to reduce their financial risk from malpractice claims. However, the cost of these policies can vary significantly and is dependent on the area of practice of the doctor.

In addition, some states have established alternative dispute resolution programs for resolving malpractice claims. These programs generally replace a trial and jury system with an arbitration process that consists of a neutral third party that hears evidence from both sides before making a decision.

If you believe that you've been injured by medical professionals it is essential to speak with an experienced lawyer regarding your case. A seasoned medical malpractice attorney can assist you in the process of gathering and reviewing your medical records to determine whether you have a viable 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'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 help ensure that a claim is filed within the time frame allowed for a specific case.

For instance in cases involving neurological injuries caused by birth the deadline for filing a lawsuit is generally two and two and a half years after the date that the injury was discovered. However, the timeline may be longer if there was continuous treatment for the condition. The laws could also be different for cases of wrongful death.

The first step in a birth injury settlements injury lawsuit is obtaining an initial consultation with an experienced lawyer. The lawyer will assess the claim to determine if it is worth pursuing and, if so, what to do. The lawyer will look over medical documents and consult with medical experts to establish whether the doctors or other healthcare providers were able to perform their duties.

A successful medical malpractice lawsuit typically includes an action for damages. The lawyer will collaborate with medical and financial experts to determine the appropriate amount to request. Most often, this includes the costs of any ongoing treatment or treatment for the child who has been injured. The loss of enjoyment is a different possibility of damage. This could be awarded 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 become plaintiffs, and the hospitals, doctors and other healthcare providers become defendants. The legal process will involve several hearings and discovery, during which the parties discuss information and depositions. If the case is not resolved in this manner the trial will be scheduled. The damages will be determined by a jury or judge. Based on the quality of the evidence, the damages could be substantial. The lawyers will work to negotiate the most favorable settlement for their clients. They will not accept any settlement that doesn't reflect the real value of a client's case.

Settlements

If you prevail in your claim, your attorney will help you recover the amount that is legally due to you. The amount depends on the nature of your injury, as well as your needs. This includes the cost of any future medical treatment, any loss in earnings, modifications to your home, and ongoing physical or mental therapy. Your attorney will work with medical and financial experts to determine the right amount to seek.

The first step is to prove that a doctor was not following their ethical standards during the birthing process of your child. This is usually done by reviewing hospital records and bills to find out if there was malpractice.

Once this is done the lawyer can then submit an application to the malpractice insurance of the hospital or doctor. This should include a letter describing the injury and how it affects you and your family, along with medical records and other documents. 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 lawyer can file a lawsuit.

It is important to know that the majority of medical malpractice cases, which includes birth injury legal team injury claims, settle outside of court. This is due to the fact that hospitals and doctors don't want to be a source of negative publicity in the event that they are found guilty of medical malpractice. The process of filing a lawsuit can be long and requires an extensive amount of research, but an experienced lawyer for birth injuries will know how to gather evidence to prove negligence.

Your attorney will know how to negotiate with medical professionals and their insurance companies. Insurance companies will use various tricks to delay a settlement, and reduce the amount they have to pay. Your lawyer will be able to resist these pressure tactics, and will present a strong argument for you with the help of your facts.

Based on the type of injury, some victims could be eligible to join the New York's Medical Indemnity Fund. This program will pay your children some of the expenses due to the birth injury. If the injuries were serious the attorney may suggest that you pursue an appeal to a jury and ask for a higher amount of money than you would get in a settlement.