Ten Things You've Learned In Kindergarden That'll Help You With Birth Injury Claim

How to File  award-winning birth injury attorney  Claim

If your child sustained a birth injury because of negligence by a medical professional, you can seek compensation. Contact a seasoned birth injury attorney as the first step.

They will look over your case and decide if there is enough evidence to justify the filing of a lawsuit. They will then gather medical records and testimony from experts to build an argument that is strong for you.

Birth Trauma Cases

The US is an advanced medical country however the prevalence of fatal and serious injuries to infants is still alarming. These injuries may result in lifelong repercussions, including physical disabilities, developmental delays, and even mental illness. When negligence by medical professionals causes these injuries, families deserve compensation to enable them to live their lives to the fullest.

Our experienced team of lawyers can assist you in forming an argument that is strong enough to ensure you get the compensation you are entitled to. We will review and gather the medical records of your child and work with experts to discover what transpired and why you need to file a claim against the hospital and the doctors responsible and negotiate with insurance companies to settle your claim (or bring a lawsuit if necessary), and present your evidence and arguments the jury.

In many cases, the extent of a child's injury is not evident until later in the course of. In these instances, 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 limitations has expired. Our firm has successfully fought 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 decide whether it's merits. We will collect the relevant medical records and depose witnesses who can provide statements under oath to support your case. We will also, if competent, talk to your child to get their opinion on the consequences of the injury.

We will deliver a demand package containing specific information about your child's injuries and their effects on their quality of life to the doctors and hospitals involved in the case. We will collaborate with medical malpractice insurers in order to settle any denials of claims and negotiate an agreement. If a settlement cannot be reached then we will prepare for trial and engage experts to support your claim. We will try to obtain the maximum compensation that you are legally entitled to.

Medical Malpractice Cases

Medical malpractice claims are made by healthcare providers who make mistakes during treatment, causing harm. These errors can range from simple to life-altering. Even the most experienced doctors can make mistakes. The most common causes of medical malpractice claims are misdiagnosis, or a delayed diagnosis, childbirth-related injuries, mistakes in surgery, medication errors, and anesthesia mistakes. Certain healthcare specialties are considered as being at risk for malpractice suits, such as OB/GYN and surgical specialties.

Certain cases of medical negligence can be so horrendous that they draw national attention. CBS News, for example, reported on the case of a Mexican girl Jesica Santillan, who was 17 years old, who required a heart and lung transplant. The Duke University Medical Center, Durham, North Carolina, accepted to perform the surgery. The surgeons didn't check to see if the blood donor's type was compatible with Jesica. She suffered from numerous complications as a result which included hemolytic-uremic disorder (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 may be entitled to both economic and non-economic damages. Economic damages include medical bills and lost wages. 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 have professional liability insurance. This helps reduce their financial risk in the event of malpractice claims. The price of these policies can vary widely based on the area of practice.

Some states have also established alternative dispute resolution programs to resolve claims of malpractice. These processes typically replace a trial and jury system with an arbitration procedure that involves a neutral third party that hears evidence from both sides and then makes a decision.

It is important to speak with an experienced lawyer regarding your medical malpractice case if you think you've been injured by a healthcare professional. A medical malpractice lawyer will help you through the process of gather and review your medical records in order to determine whether there is an appropriate 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 specific rules, exceptions and limitations. They differ based on the nature and size of the claim. Medical malpractice lawyers are familiar with the laws of each state and will make sure that a complaint has been filed within the time frame set for the particular case.

For example in cases involving birth-related neurological injuries the deadline for filing a lawsuit typically is two and a half years from the time the injury was discovered. However, the timeframe could be longer if there was ongoing treatment for the condition. In the event of wrongful deaths the laws could be different.

The first step in a birth injury lawsuit is obtaining a free consultation with an experienced attorney. The lawyer will assess the case to determine if it is worth the effort and, if so what steps to take. The lawyer will go through the medical records and consult medical experts to determine whether doctors or other healthcare providers behaved appropriately.

A successful medical malpractice lawsuit typically includes an action for damages. The lawyer will consult with financial and medical experts to determine the proper amount. Most often, this includes the costs of any ongoing treatments and care for the child injured. Other possible damages include the loss of enjoyment of life that could be awarded if a child is not able to participate in sports or activities that they would have otherwise been capable of enjoying.

The lawyers will then file the lawsuit with the appropriate court. Parents will be the plaintiffs, and the hospitals, doctors, and other healthcare providers will become defendants. The legal process will involve numerous hearings and discovery, in which the parties exchange information and take depositions. If the case is not resolved during the process, it will go to trial. The damages will be awarded by the judge or jury. Based on the strength of the evidence, damages could be substantial. They will do everything they can to secure the best settlement for their client. They will not accept a settlement that does not reflect the true value of a client's case.

Settlements

Your lawyer will assist you recover damages that you are entitled to if prevail in your case. The amount will depend on the injury, and your requirements. Included in this will be the cost of any future medical treatment and any loss of income and home improvements and continuing psychological or physical therapy. Your attorney will consult with medical and financial experts to determine the proper amount.

The first step is to demonstrate that a doctor breached their standard of care when your child was born. This is often accomplished by reviewing hospital documents and bills to determine malpractice.

After this is completed the lawyer can then submit an appeal to the malpractice insurance of the hospital or doctor. This will include a written statement explaining the nature of the injury and its effect on your family, as well as medical records and other documents. The insurance company will either accept or deny the request and then negotiate an agreement. If the insurance company is unwilling to give a reasonable amount, your lawyer can start a lawsuit.

It is important to remember that most medical malpractice cases, which includes birth injury claims, are settled outside of court. This is due to the fact that hospitals and doctors don't want to be branded as negative if they are found to have made medical errors. The lawsuit process is lengthy and involves a lot of investigation, but a skilled birth injury lawyer is able to gather and present evidence to prove negligence occurred.

Your attorney will be able to manage any negotiations with medical providers and their insurance companies. Insurance companies will use various tricks to delay a settlement, and even reduce the amount they have to pay. Your lawyer can resist these pressure tactics and present a strong case for you that is based on the facts of your individual situation.

Based on the nature of injury, some victims might be eligible to join New York's Medical Indemnity Fund. This program will pay your children a portion of their expenses due to the birth injury. If the injuries were severe, however your lawyer might suggest that you pursue the possibility of a trial before a jury and ask for an amount greater than what you can get through settlement.