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How to File a Birth Injury Claim You could be entitled to compensation when your child was injured at birth because of medical negligence. The first step is to consult with a seasoned birth injury lawyer. They will examine your case to determine if there's enough evidence to back the filing of a lawsuit. They will then collect medical records and expert testimony to make an argument that is convincing for you. Birth Trauma Cases The US is one of the world's most medically advanced countries but it has a high proportion of fatal and serious injuries to infants. These injuries can cause long-term effects, including developmental delays and physical disabilities. Families should be compensated when medical negligence causes these injuries. Our team of experienced birth trauma lawyers can help you build a strong case in order to receive the compensation you are entitled to. We will collect and analyze the medical records of your child and work with experts to discover the circumstances that led to the incident you should submit a claim to the hospital and the 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 instances, the full extent of the injury becomes evident later in life. In these cases, the victims of birth injuries could be questioned about the validity of their claims based on the fact that the injury wasn't discovered earlier or that the statute of limitations is over. 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 situation in person and determine whether it is meritorious. We will collect the relevant medical records and call witnesses who can provide statements under oath to back your case. We will also interview your child, if possible to gain their opinion on the consequences of the injury. We will send a demand packet to the hospitals and doctors involved in the case, containing specific information regarding your child's injury and its impact on their quality of life. We will work with medical professionals' malpractice insurance companies to resolve any claims denials and negotiate an agreement to settle your claim. If a settlement is not reached we will prepare for trial and employ experts to prove your case. We will pursue the maximum amount of compensation you are entitled to under the law. Medical Malpractice Cases Medical malpractice claims are brought by healthcare professionals who make mistakes during treatment and cause harm. These mistakes can be simple or life-altering. Even the most knowledgeable doctors are susceptible to making mistakes. Medical malpractice claims are most often caused by misdiagnosis, delayed diagnosis, injuries to the childbirth surgical errors and medication errors as well as anesthesia mistakes. Certain healthcare specialties are considered as being at risk for malpractice suits including OB/GYN and surgical specialties. Certain cases of medical malpractice can be so horrendous that they capture national attention. CBS News, for example, reported on the case of a Mexican girl 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. The surgeons failed to check to see if the donor's type of blood was compatible with Jesica. Jesica suffered multiple complications as a result which included hemolytic-uremic disorder (HUS), sepsis, renal failure and multiple organ rejections. If a medical malpractice case proves that a healthcare provider did not follow the standard of care and incurred damages, the patient may be entitled to both economic and non-economic damages. Medical expenses and lost wages are regarded as economic damages. Other damages that are not economic include pain and discomfort as well as disfigurement. Based on the circumstances, punitive damages could also be available. The majority of doctors are required to carry professional liability insurance, which reduces the financial risk of malpractice claims. However the cost of these policies varies widely and can be contingent on the area of practice of the doctor. In addition, some states have created alternative dispute resolution programs for resolving malpractice claims. These processes generally replace a trial and jury system with an arbitration procedure that involves a neutral third party that listens to evidence from both sides and makes the decision. If you feel that you've been injured by an healthcare professional it is essential to speak with an experienced lawyer about your situation. A seasoned medical malpractice lawyer will guide you through the process of gathering and analyzing your medical records to determine whether you are eligible for a malpractice claim. Sobo & Sobo has talented lawyers available 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 depending on the type and amount of the claim. Medical malpractice lawyers are familiar with the laws of each state and will ensure that a claim was filed within the time limit that is applicable to the particular case. For instance in cases involving birth-related neurological injuries the deadline to file a lawsuit typically is two and two and a half years after the time the injury was discovered. The timeframe may be extended if the condition was treated continuously. The laws may also be different in cases involving wrongful death. The first step in a birth injury lawsuit is obtaining the opportunity to consult with an experienced lawyer. The lawyer will assess the claim to determine whether it's worth pursuing, and in the event that it is, what you should do. The lawyer will review medical records and consult with medical experts to determine whether the medical professionals or other healthcare providers were able to perform their duties. A successful medical malpractice lawsuit typically includes a claim for damages. The lawyer will consult with medical and financial experts in order to determine the right amount. These include the costs of ongoing treatment and care for the child. blog that could be awarded include loss of enjoyment, which may be awarded if a child is not able to participate in activities or hobbies that they would have otherwise been in a position to enjoy. The lawyers will then file a lawsuit with the appropriate court. Parents will be plaintiffs, and doctors, hospitals, and other healthcare providers become the defendants. The legal process will entail a number of hearings and discovery sessions, during which the parties exchange information and take depositions. If the case cannot be resolved during the process it will go to trial. The jury or judge will determine the damages. Depending on the strength of the evidence, damages could be substantial. The lawyers will try to obtain the most effective settlement for their clients. They will not accept a settlement offer that does not reflect the real value of a client's case. Settlements Your lawyer will assist you get the compensation you have a right to if you prevail in your case. The amount depends on the injury, and your requirements. Included in this figure is the cost of any future medical treatment as well as any loss of earnings and home improvements as well as ongoing physical or psychological therapy. Your attorney will work with financial and medical experts to determine an appropriate amount to seek. The first step is to demonstrate that a doctor violated their standard of care during your child's birthing process. Often, this is accomplished by examining hospital bills and medical records to determine if there was any malpractice. After this has been completed, your attorney may send a demand packet to the hospital's or doctor's malpractice insurance. The package will contain a written statement explaining the nature of the injury and its effect on your family as along with medical records and other documentation. The insurer will either accept or reject the demand, and then negotiate an agreement. If the insurance company refuses to provide a fair amount, your attorney may start a lawsuit. It is crucial to understand that the majority of medical malpractice cases, such as birth injury claims, are settled out of court. This is because hospitals and doctors don't want to be branded as negative if they are found to have committed medical mistakes. The process of bringing a lawsuit is long and requires a lot of discovery, but an experienced birth injury lawyer is able to gather and present the evidence that proves negligence occurred. Your lawyer will know how to negotiate with medical providers and their insurance companies. Insurance companies will employ various tricks to delay a settlement, and even reduce the amount they have to pay. Your lawyer can fight these tactics and present a convincing argument for you with the help of your facts. Depending on the type of injury, some victims could be eligible to enroll in New York's Medical Indemnity Fund. This program will pay your children a portion of their expenses associated with the birth injury. If the injuries were serious, however your lawyer might suggest that you pursue an appeal before a jury and ask for a larger verdict than you would receive in an agreement.