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This Week's Top Stories About Birth Injury Claim Birth Injury Claim
How to File a Birth Injury Claim

You could be entitled to compensation If your child was injured during birth due to medical negligence. The first step is to talk with a skilled birth injury lawyer.


They will look over your case and determine if there enough evidence to warrant the filing of a lawsuit. They will then gather medical records and testimonies from experts to create a strong case for you.

Birth Trauma Cases

The US is an advanced medical country however the prevalence of serious and even fatal injuries to infants remains alarming. These injuries can have long-lasting consequences, including developmental delays and physical disabilities. 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 skilled birth trauma lawyers can assist you to build a strong case to be compensated for the damages you're entitled to. We will collect and analyze the medical records of your child, work with experts to understand what happened and why you should file a claim against the hospital and the doctors responsible and negotiate with insurance companies to settle your claim (or make a claim in the event of a lawsuit) and then present your evidence and arguments to a jury.

In a majority of instances, the full extent of injury is only evident later in the course of their lives. In this case, the victims of birth trauma could confront attempts to discredit their claims by arguing that the injury should have been identified sooner and that the time limit for filing a claim has passed. Our firm has successfully fought these tactics in the past, securing millions dollars in settlements for victims and their families.

We will first meet with you to discuss your case in person and decide whether it is meritorious. We will gather relevant medical records and call witnesses who can provide statements under oath in support of your case. We will also speak with your child, if we can to understand their opinion on the consequences of the injury.

We will send an order package that contains specific information about the injuries your child sustained and their effects on their quality of life to the doctors and hospitals involved in the case. We will work with medical professionals' malpractice insurance companies to address any claim denials and negotiate an agreement to settle your claim. If a settlement cannot be reached we will prepare for trial and employ experts to prove your case. We will pursue the highest amount of compensation you are legally entitled to under the law.

Medical Malpractice Cases

Medical malpractice claims involve healthcare providers who commit errors during treatments that cause harm. These mistakes can be minor or life-altering. A lot of these mistakes are avoidable, but even the most experienced doctors make mistakes. The most frequent reasons for medical malpractice claims are misdiagnosis, or a delayed diagnosis, childbirth-related injuries, medical errors, surgical errors, and anesthesia errors. Certain healthcare specialties are classically high-risk for malpractice suits including OB/GYN and surgical specialties.

Some instances of medical malpractice can be so horrendous that they capture national attention. CBS News, for example has reported on the incident involving a Mexican girl named Jesica Santillan who was seventeen years old and required a heart and lung transplant. The Duke University Medical Center in Durham, North Carolina agreed to perform the operation. However the surgeons were unable to make sure that the blood type of the donor was compatible with Jesica's. Jesica suffered multiple complications as a result, including hemolytic-uremic syndrome (HUS) sepsis, renal failure and multiple organ rejections.

If a medical malpractice lawsuit proves that the healthcare provider breached the standards of care and caused harm, the patient could be entitled to both non-economic and economic damages. Medical bills and lost wages are considered economic damages. Non-economic damages include pain and discomfort as well as disfigurement. Punitive damages can also be obtained depending on the circumstances.

Most doctors are required to have professional liability insurance. This helps reduce the risk of financial loss in the case of malpractice claims. The cost of these policies can differ greatly based on the physician's field of practice.

In addition, certain states have created alternative dispute resolution procedures to resolve malpractice claims. 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.

If you believe that you've been hurt by medical professionals it is essential to consult with an experienced lawyer about your situation. A skilled medical malpractice lawyer 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 available 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 depending on the nature of claim. Medical malpractice lawyers are familiar with the laws in each state and will ensure that a lawsuit is filed within the timeframe that is allowed for a particular case.

For example when it comes to neurological injuries that result from birth the deadline to file a lawsuit is generally two and two and a half years after the date the injury was discovered. However, the timeframe could be longer if there was ongoing treatment for the condition. The laws could also be different in cases of wrongful death.

The first step in a birth injury lawsuit is getting a free consultation with an experienced attorney. The lawyer will review the case to determine whether it is worth pursuing and should it be, how to proceed. The lawyer will review medical records and consult with medical experts to determine whether the doctors or other healthcare providers acted properly.

A successful medical malpractice case will typically include a claim for compensation. top birth injury lawyers accidentinjurylawyers.claims will consult with medical and financial experts to determine the appropriate amount. In most cases, this will include the cost of ongoing treatments and treatment for the child who has been injured. Other damages that could be awarded include loss of enjoyment of life, which may be awarded if a child is not able to take part in the activities or hobbies that they would have otherwise been 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 are defendants. The legal process will entail several hearings and discovery sessions, during which the parties exchange information and conduct depositions. If the case is not resolved in this manner then a trial will be held. The jury or judge will determine the damages. The amount of damages can be substantial dependent on the strength and quantity of the evidence. They will do everything they can to get the most advantageous settlement for their client. They will not accept any settlement that doesn't reflect the true value of their client's case.

Settlements

Your lawyer will assist you to get the compensation you are entitled to if you prevail in your case. The amount depends on the severity of the injury and your needs. Included in this figure is the cost of any future medical treatment as well as any loss of earnings or home modifications as well as continuing psychological or physical therapy. Your attorney will work with medical and financial experts to determine an appropriate amount to ask for.

The first step is to establish that a doctor was not following their ethical standards during the birthing process of your child. This is typically accomplished by reviewing hospital documents and bills to determine the malpractice.

Once this is done, your lawyer can submit an appeal to the malpractice insurance of the hospital or doctor. This should include a letter that explains the incident and how it affects you and your family, as well as medical records and other documentation. The insurance company will then accept or decline the request and negotiate for a settlement. Your lawyer may bring a lawsuit if the insurer refuses to accept an offer that is reasonable.

It is important to note that the majority of medical malpractice cases, which includes birth injury claims, are settled outside of court. It is because 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 can be lengthy and involves a lot discovery, but an experienced birth injury lawyer is able to gather and present evidence in your case that proves negligence occurred.

Your attorney will know how to negotiate with medical professionals and their insurance companies. Insurance companies will use all tricks to delay settlements and even reduce the amount they have to pay. Your lawyer can fight these tactics and build a solid case that is based on the facts of your individual situation.

Based on the type of injury, some victims could be eligible to join New York's Medical Indemnity Fund. This program will reimburse your children for a portion of their expenses associated with the birth injury. If the injuries were serious however your lawyer might suggest that you go to a trial with jurors and request an amount greater than what you would receive in an agreement.