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How to File a Birth Injury Claim If your child sustained a birth injury as a result of negligence by a medical professional, you can file a claim for compensation. The first step is to consult with a skilled birth injury lawyer. They will evaluate your case and determine if there is enough evidence to justify the filing of a lawsuit. They will then collect medical records and expert testimony to build an argument that is strong for you. Birth Trauma Cases The US is among the most medically advanced countries, but it still has a troubling rate of fatal and serious birth injuries for newborns. These injuries could have lifelong repercussions, including physical disabilities, developmental delays, and even mental illness. When negligence by medical professionals causes these injuries, families should be entitled to compensation to enable them to live their lives to the fullest. Our team of skilled birth trauma lawyers can help you create a strong case to be compensated for the damages you're entitled to. We will review and gather the medical records of your child, collaborate with experts to determine what transpired and why you need to make a claim against the hospital and doctors responsible, negotiate with insurance companies to settle your claim (or bring a lawsuit if necessary), and present your evidence and arguments to the jury. In many cases, the full extent of the child's injury is not discovered until later on in the course of. If this happens, the victims of birth trauma may be able to defend their claims by arguing that the injury should have been identified sooner and 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 start by meeting with you in person to discuss your case and determine if it is a valid argument. We will gather relevant medical records and interview witnesses who can provide statements under oath in support of your case. We will also speak with your child, if we can, to get their opinion on the consequences of the injury. We will send an appeal package to the doctors and hospitals involved in the case, containing specific information regarding your child's injury and its impact on their quality of life. We will collaborate with medical malpractice insurance companies to resolve any claims that are denied and negotiate a settlement. If a settlement is not reached we will prepare for trial and employ experts to defend your claim. We will seek the maximum compensation that you are legally entitled to. Medical Malpractice Cases Medical malpractice claims are brought by healthcare providers who make errors during treatment and cause harm. These errors can range from simple to life-altering. Even the most knowledgeable doctors can make mistakes. The most frequent reasons for medical malpractice claims are misdiagnosis, or a delayed diagnosis, childbirth-related injuries, mistakes in surgery, medication errors, and anesthesia mistakes. Certain specialties in healthcare, such as OB/GYNs and surgical specialties, are considered to be at a high risk for malpractice lawsuits. Some instances of medical malpractice can be so horrific that they attract national attention. For example, CBS News reported on the case of a seventeen year old girl from Mexico named Jesica Santillan who needed a heart and lung transplant. The Duke University Medical Center in Durham, North Carolina agreed to carry out the procedure. The surgeons did not check to see if the blood donor's type was compatible with Jesica. Because of this, Jesica suffered from a myriad of complications, including hemolytic uremic syndrome (HUS) as well as sepsis, renal failure, and multiple organ transplant rejections. If a medical malpractice lawsuit proves that the healthcare provider breached the standard of care, and caused harm the patient could 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. Depending on the circumstances, punitive damages might also be available. Most doctors are required to carry professional liability insurance. This helps reduce their financial risk in the case of malpractice claims. The cost of these policies could vary greatly depending on the area of practice. Certain states have also instituted alternative dispute resolution programs to resolve the malpractice claims. These programs typically replace a jury trial system with an arbitrator who hears both sides' arguments and makes a final decision. It is crucial to talk to an experienced lawyer regarding your medical malpractice claim if you believe you have been harmed by a healthcare provider. A skilled medical malpractice lawyer will guide you through the process of gathering and analyzing your medical records to determine whether you have a valid 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's statute of limitations has its own rules and exceptions and they differ according to the type of claim. Medical malpractice lawyers are familiar with the laws of each state and will ensure that a claim is filed within the time limit set for the particular case. For example when it comes to neurological injuries caused by birth the deadline to file a lawsuit typically is 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. In the event of wrongful deaths the laws could be different. A no-cost consultation with a qualified lawyer is the first step towards filing a lawsuit for birth injury. The lawyer will assess the case to determine if it is worth pursuing and, should it be what the best way to proceed. The lawyer will review medical records and consult with medical experts to determine whether the healthcare providers or doctors providers performed their duties properly. A successful medical malpractice lawsuit usually includes an action for damages. The lawyer will consult with financial and medical experts in order to determine the appropriate amount. This will include the costs of ongoing care and treatment for the child. Other potential damages include the loss of enjoyment of life that can be awarded when the child is unable to participate in activities or hobbies they might otherwise be able to enjoy. The lawyers will then file the lawsuit with the appropriate court. reliable birth injury lawyer are plaintiffs, while the hospitals, doctors and other healthcare providers become defendants. The legal process involves hearings as well as depositions, discovery, and hearings. If the case is not resolved during the process it will go to trial. The damages will be awarded by the judge or jury. The damages could be significant depending on the strength and quantity of the evidence. The lawyers will try 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 Your attorney will help you get the compensation you are entitled to if win your case. The amount will depend on the nature of the injury and your particular needs. Included in this will be the cost of future medical treatment as well as any loss of earnings 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 establish that a doctor violated their standards of care during your child's birthing process. This is typically accomplished by reviewing hospital records and bills to find out if there was mistakes. After this is done, your attorney may submit a demand package to the doctor's or hospital's malpractice insurance. The package should include a written statement detailing the injury and how it affects you and your family, as well as medical records and other documents. The insurer will then either accept or deny the demand and negotiate for a settlement. Your attorney can start a lawsuit if insurer refuses to accept an offer that is reasonable. It is important to know that most medical malpractice cases, which includes birth injury claims, are settled out of court. This is because doctors and hospitals do not want negative publicity when they are discovered to have committed medical malpractice. The lawsuit process is lengthy and involves a lot investigation, but a skilled birth injury lawyer will know how to gather and present the evidence in your case that proves negligence occurred. Your attorney will be able to negotiate with medical professionals and their insurance companies. Insurance companies will try to delay a settlement and employ every trick in the book to reduce the amount they have to pay. Your lawyer will be able to resist these pressure tactics and present a strong case for you that is based on the specifics of your situation. Based on the nature of injury, some victims might qualify to enroll in 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 the attorney may suggest that you seek an appeal to a jury and request a higher verdict than what you could receive as an agreement.