24 Hours For Improving Birth Injury Claim
How to File a Birth Injury Claim
If your child suffered a birth injury due to negligence by a medical professional, you can make a claim for compensation. The first step is to talk with an experienced birth injury lawyer.
They will review your case to determine if you have enough evidence to support the suit. They will then gather medical documents and expert testimony to create an argument that is strong for you.
Birth Trauma Cases
The US is among the most medically advanced countries, but it still has a high rate of serious and fatal injuries to infants. These injuries can cause long-term consequences, such as physical disabilities and developmental delays. Families deserve compensation when medical negligence leads to these injuries.
Our team of skilled lawyers can assist you in forming an effective case to ensure that you receive the compensation you deserve. We will gather and analyze the medical records of your child, work with experts to discover what transpired and why, submit a claim to the hospital and doctors responsible, negotiate with insurance companies to settle your claim (or file a lawsuit if necessary) and then present your evidence and arguments to a jury.
In many instances, the full extent of the child's injury is not apparent until later on in the course of. If this happens, the victims of birth trauma could face attempts to dismiss their claims by insisting that the injury should have been identified earlier and the statute of limitations has expired. Our firm has successfully fought against these tactics in the past, securing millions of dollars in settlements for victims and their families.
We will first meet with you to discuss your case in person and determine if it has merit. We will take the relevant medical records, and depose witnesses who can provide statements under oath that can be used to support your case. We will also talk to your child, if possible, to get their opinion on the consequences of the good injury lawyers near me.
We will submit a demand packet to the doctors and hospitals involved in the case, containing specific information regarding your child's injuries and their impact on their quality of life. We will collaborate with medical malpractice insurance companies in order to resolve any claims that are denied and negotiate an agreement. If a settlement is not reached we will prepare for trial and engage experts to defend your claim. We will pursue the maximum compensation that you are legally entitled to.
Medical Malpractice Cases
Medical malpractice claims are based on healthcare professionals who make mistakes in treatment that cause harm. These mistakes can be minor or life-changing. Even the most skilled doctors can make mistakes. The most frequent reasons for medical malpractice claims include misdiagnosis or delayed diagnosis, childbirth-related injuries surgical errors, medication errors, and anesthesia errors. Certain healthcare specialties are classically high-risk for malpractice suits, such as OB/GYN and surgical specialties.
Some medical malpractice cases are so horrifying that they garner national attention. For example, CBS News reported on the case of a seventeen year old girl from Mexico named Jesica Santillan who required a heart and lung transplant. The Duke University Medical Center in Durham, North Carolina agreed to perform the surgery. The surgeons didn't examine the donor's type of blood was compatible with Jesica. Because of this, Jesica suffered from a myriad of complications that included hemolytic uremic syndrome (HUS), sepsis, renal failure and multiple organ transplant rejections.
If a claim for medical malpractice shows that a healthcare provider deviated from the standard of care and caused damages, the patient may be entitled to both economic and non-economic damages. Medical bills and lost wages are considered economic damages. Non-economic damages include pain and suffering and disfigurement. In certain circumstances, punitive damages could also be available.
The majority of doctors are required to maintain professional liability insurance, which helps to reduce their financial risk from malpractice claims. However the cost of these policies varies greatly and may be dependent on the area of practice of the doctor.
Additionally, certain states have established alternative dispute resolution programs to settle malpractice claims. These procedures generally replace a trial and jury system by an arbitration process that involves a neutral third party who examines evidence from both sides before making the decision.
If you feel that you've been hurt by a healthcare professional, it is important to speak with an experienced lawyer about your situation. A medical malpractice lawyer will help you through the process to collect and analyze your medical records in order to determine if there's a valid malpractice claim. Sobo & Sobo offers talented attorneys injurys in Middletown, Monticello NYC, Newburgh Spring Valley, Poughkeepsie and all over Orange County, NY.
Statute of Limitations
Each state has its own rules, exceptions and limitations. They differ based on the nature and amount of the claim. Medical malpractice lawyers are acquainted with the laws of each state and will ensure that a complaint is filed within the time frame permitted for a particular case.
In cases of birth-related neurologic injuries the deadline for filing a lawsuit is typically two and a quarter years after the date that the injury lawyers near me was discovered. The time frame can be extended if the condition was treated continuously. In cases of wrongful death the laws could be different.
A complimentary consultation with a reputable lawyer is the first step towards the filing of a lawsuit based on birth injury. The lawyer near me injury will assess the claim to determine whether it's worth pursuing and, should it be, if so, what to do. The lawyer for injurys near Me will review the medical records and consult with medical experts to determine whether medical professionals or other healthcare providers were in compliance with the law.
A successful medical malpractice lawsuit generally includes the possibility of claiming damages. The lawyer will consult with financial and medical experts in order to determine the proper amount. This includes the cost of ongoing care and treatment for the child. Other possible damages include the loss of enjoyment, which can be awarded when the child is unable to take part in activities or hobbies that they would otherwise be capable of enjoying.
The lawyers will then file the lawsuit with the appropriate court. Parents become plaintiffs, and the doctors, hospitals and other healthcare providers become defendants. The legal process will involve a number of hearings and discovery, during which parties exchange information and take depositions. If the case is not resolved during this process, a trial will be held. The damages will be determined by a jury or judge. Depending on the strength of the evidence, the damages could be significant. They will do everything they can to get the most favorable settlement for their client. They will not accept any settlement that does not reflect the actual value of the case.
Settlements
Your attorney will help you recover damages that you have a right to if you prevail in your case. The amount you receive will depend on the injury and your specific needs. Included in this amount is the cost of any future medical treatment, any loss of earnings, modifications to your house as well as ongoing psychological or physical therapy. Your attorney will consult with financial and medical experts to determine the proper amount.
The first step is to establish that a doctor did not adhere to their standards of care during your child's birthing process. This is usually done by looking over hospital bills and medical records to find out if a doctor committed a the malpractice.
After this is done, your attorney may send a demand packet to the hospital's or doctor's malpractice insurer. The demand package should include a written statement explaining the injury and its impact on your family as well as medical records and other documents. The insurer will then either accept or deny the demand and negotiate a settlement. If the insurance company is unwilling to offer a reasonable amount, your attorney can bring a lawsuit.
It is important to note that most medical malpractice cases, including birth injury claims, settle outside of court. This is because hospitals and doctors do not want negative publicity in the event that they are found to have made medical errors. The lawsuit process is lengthy and involves a lot discovery, but an experienced 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 insurers. Insurance companies try to delay settlements and use every trick in the book to limit the amount they are obligated to pay. Your lawyer will be able to resist these pressure tactics, and will be able to present a convincing argument based on your facts.
Based on the type of injury, some victims may be eligible to join the New York's Medical Indemnity Fund. This program will reimburse your children a portion of the expenses they have incurred as a result of the birth injury. If the injuries were severe the attorney may suggest that you pursue a jury trial and request a higher amount of money than you would receive as an agreement.