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 review your case to determine if you have sufficient evidence to support the suit. They will then gather medical records and expert testimony to create a strong argument for you.
Birth Trauma Cases
The US is an advanced medical country however, the number of fatal or even serious injuries to infants remains alarming. These injuries can have long-lasting effects, including physical disabilities and developmental delays. When medical negligence causes these injuries, families are entitled to compensation that will allow them to live their lives to the fullest extent possible.
Our team of experienced lawyers can assist you in forming an argument that is strong enough to ensure you receive the money you deserve. We will collect and analyze the medical records of your child, work with experts to discover the circumstances that led to the incident you should submit a claim to the hospital and doctors responsible, negotiate with insurance companies to settle your claim (or bring a lawsuit in the event of a lawsuit) and then present your evidence and arguments to the jury.
In many cases, the extent of the child's injury is not discovered until later on in life. In these cases, victims of birth injuries can be asked to dismiss their claims on the grounds that the injury was not identified earlier or that the statute of limitations has passed. Our firm has successfully fought these tactics in the past years, securing millions of dollars in settlements for victims.
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 are able to give statements under oath that will 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 an appeal package to the hospitals and doctors involved in the case, containing specific information regarding your child's injuries and their impact on their quality of life. We will work with medical professionals' malpractice insurance companies to address any claim denials and negotiate a settlement to settle your claim. If a settlement is not reached we will prepare for trial and employ experts to defend your case. We will seek the maximum compensation that you are legally entitled to.
Medical Malpractice Cases
Medical malpractice claims involve healthcare providers who commit mistakes during treatments that cause harm. These errors can be simple or life-altering. Even the most experienced doctors are capable of making mistakes. Medical malpractice claims are often triggered by misdiagnosis delay in diagnosis, childbirth injuries, surgical mistakes, medication errors, or anesthesia errors. Certain specialties in healthcare like OB/GYNs, and surgical specialties, are considered to be at risk for malpractice lawsuits.
Some cases involving medical malpractice can be so horrific that they capture national attention. CBS News, for example covered the case involving a Mexican girl named Jesica Santillan, who was 17 years old, who needed a lung and heart transplant. The Duke University Medical Center, Durham, North Carolina, agreed to perform the operation. However the surgeons did not make sure that the blood type of the donor was compatible with Jesica's. Jesica was afflicted with numerous complications as a result which included hemolytic-uremic disorder (HUS) sepsis, renal failure, and multiple organ rejections.
If a claim for medical malpractice proves that a healthcare provider deviated from the standard of care and incurred damages the patient could be entitled to both economic and non-economic damages. Medical expenses and lost wages are regarded as economic damages. Non-economic damages include pain and discomfort and disfigurement. Punitive damages can also be obtained depending on the circumstances.
Most doctors are required to carry professional liability insurance, which reduces their financial risk from malpractice claims. The cost of these policies can vary greatly depending on the doctor's area of practice.
In addition, some states have also established alternative dispute resolution programs to settle malpractice claims. These procedures generally replace a trial and jury system by an arbitration process that consists of a neutral third party that examines evidence from both sides and makes the decision.
If you feel that you have been injured by a healthcare professional it is essential to speak with a seasoned lawyer about your situation. A skilled medical malpractice lawyer can assist you in the process of collecting and analyzing your medical documents to determine if you are eligible for a malpractice claim. Sobo & Sobo offers talented attorneys in Middletown, Monticello NYC, Newburgh Spring Valley, Poughkeepsie and throughout Orange County, NY.
Statute of limitations
Each state has its specific rules, exceptions and limitations. They differ based on the type and amount of the claim. Medical malpractice lawyers are acquainted with the laws of every state and can help ensure that a complaint is filed within the timeframe permitted for a particular case.
In the case of birth-related neurologic injuries the deadline for filing a lawsuit usually is two and a quarter years from the time the injury was discovered. The timeframe can be extended if the condition was treated for a long time. The laws could also be different for cases of wrongful deaths.
A free consultation with a reputable lawyer is the first step in bringing a lawsuit for birth injuries. The lawyer will assess the case to determine if it is worth pursuing and, should it be what steps to take. The lawyer will review the medical records and consult medical experts to determine if medical professionals or other healthcare providers behaved properly.
A successful medical malpractice case will typically include an action for compensation. The lawyer will work with medical and financial experts to determine an appropriate amount to request. These include the cost of ongoing care and treatment for the child. Other possible damages include the loss of enjoyment of life that may be awarded if the child isn't able to take part in the activities or hobbies they would have otherwise been able to enjoy.
The lawyers will then file the lawsuit with the appropriate court. The parents will become plaintiffs, while the doctors, hospitals and other healthcare providers will become defendants. The legal process involves a series of hearings as well as depositions, discovery, and hearings. If the case isn't resolved during this process, it will go to trial. The jury or judge will decide on the amount of damages. The amount of damages could be substantial dependent on the strength and amount of the evidence. They will do everything they can to secure the best settlement for their client. They will not accept any settlement offer that does not reflect the real value of a client's case.
Settlements
If you are successful in proving your claim, your attorney will assist you in recovering the amount of damages owed to you. The amount will be based on the injury and your particular needs. This will include the cost of any future medical treatment and any loss in earnings, changes to your home, and continuing physical or mental therapy. Your attorney will work with financial and medical experts to determine an appropriate amount to seek.
The first step is to prove that a doctor did not adhere to their standards of care when your child was born. Most often, this is done by looking over medical bills and hospital bills to identify malpractice.
Once this has been accomplished the attorney can then send a demand form to the doctor's or hospital's malpractice insurance. The demand package should include a written statement explaining the severity of the accident and its impact on your family, as well as medical records and other documentation. 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 start an action.
It is important to know that most medical malpractice cases, including birth injury cases, settle outside of court. This is due to the fact that hospitals and doctors don't want to be associated with negative publicity in the event that they are found guilty of medical malpractice. The lawsuit process is lengthy and requires a lot of investigation, but a skilled birth injury lawyer knows how to gather and present evidence in your case to prove negligence occurred.
Your lawyer will be able to negotiate with medical professionals and their insurance companies. Insurance companies will employ every trick to delay settlements and reduce the amount they are required to pay. Your lawyer will be able to stop these pressure tactics and present a strong case for you that is based on the specifics of your situation.
Certain victims may be eligible to join New York's Medical Indemnity Fund, depending on the severity and type of their injuries. This program will reimburse your children for a portion of their expenses related to the birth injury. If the injuries were serious, however your lawyer may suggest that you pursue a trial with jurors and request a larger verdict than you can get through a settlement.