This Week's Top Stories About Birth Injury Claim Birth Injury Claim

· 6 min read
This Week's Top Stories About Birth Injury Claim Birth Injury Claim

How to File a Birth Injury Claim

You may be entitled to compensation when your child was injured during birth because of medical negligence. Talk to a knowledgeable birth injury lawyer as the first step.

They will review your case and determine whether there is enough evidence to support a lawsuit. They will then gather medical records and expert testimony to create an argument that is convincing for you.

Birth Trauma Cases

The US is one of the most advanced medically advanced nations, however, it has a high rate of fatal and serious injuries to newborns. These injuries may result in permanent repercussions that can last a lifetime, such as physical disabilities, developmental delays, and even mental illness. Families deserve compensation when medical negligence causes these injuries.

Our team of experienced lawyers will help you build a strong case so that you receive the compensation you deserve. We will gather and analyze your child's medical records and collaborate with experts to determine what happened and why, file a claim against the hospital and doctors responsible, negotiate with insurance companies to settle your claim (or make a claim should it be necessary), and present your evidence and arguments jurors.

In many cases, the full extent of a child's injuries is not apparent until later on in the course of. In these cases, the victims of birth injuries may be asked to dismiss their claims based on the fact that the injury wasn't discovered sooner or that the statute of limitation is over. Our firm has successfully fought against these tactics in the past and secured millions of settlements for victims.

We will first meet with you to discuss your case in person and determine whether it's merits. We will collect the relevant medical records and depose witnesses who can provide statements under oath in support of your case. We will also, if you are able, interview your child to obtain their perspective on the impact of the injury.

We will submit a demand packet to the doctors and hospitals involved in the case, which will include detailed information about your child's injury and its impact on their quality of life. We will work with the medical professionals' malpractice insurers to resolve any denials of claim and negotiate an agreement to settle your claim. If a settlement cannot be reached, we will prepare for trial and hire expert witnesses to support your case. We will try to obtain the maximum compensation that you are legally entitled to.

Medical Malpractice Cases

Medical malpractice claims are brought by healthcare professionals who make errors during treatment and cause harm. These errors could be small or life-altering. Even the most knowledgeable doctors are susceptible to making mistakes. Medical malpractice claims are most often triggered by misdiagnosis delayed diagnosis, childbirth injuries, surgical mistakes, medication errors, or anesthesia mistakes. Certain healthcare specialties are considered as being at risk for malpractice suits like OB/GYN or surgical specialties.

Some cases involving medical malpractice can be so horrendous that they attract national attention. For instance, CBS News reported on the case of a seventeen year old girl from Mexico named Jesica Santillan who required a heart and lung transplant. The Duke University Medical Center in Durham, North Carolina agreed to perform the operation. The surgeons failed to examine the blood type of the donor was compatible with Jesica. She suffered from numerous complications as a consequence of the surgery, including hemolytic-uremic syndrome (HUS) sepsis, renal failure, and multiple organ rejections.

If a medical malpractice case shows that the healthcare provider violated the standards of care and caused harm the patient may be entitled to both economic and non-economic damages. Economic damages can include medical bills and lost wages. Non-economic damages include pain and suffering and disfigurement. Punitive damages can also be obtained in the event of an incident.

The majority of doctors are required to have professional liability insurance. This reduces their financial risk in the event of malpractice claims. The cost of these policies could vary widely based on the area of practice.

Some states have also established alternative dispute resolution programs to settle claims of malpractice. These procedures typically replace a trial or jury system by an arbitration process that consists of a neutral third party who examines evidence from both sides and then makes an informed decision.


If you feel that you've been injured by an healthcare professional, it is important to speak with an experienced lawyer about your case. A medical malpractice lawyer will guide you through the process of gather and review your medical records to determine whether there is a valid 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's statute of limitation has its own rules and exceptions and they differ depending on the nature of claim. Medical malpractice lawyers are acquainted with the laws of each state and will ensure that a claim was filed within the time frame that is applicable to the particular case.

For instance when it comes to neurological injuries that result from birth the deadline for filing a lawsuit typically is two and two and a half years after the date that the injury was discovered. However, the timeline may be longer if there was continuous treatment for the condition. In cases of wrongful death the laws could differ.

The first step in a birth injury lawsuit is obtaining the opportunity to consult with an experienced lawyer. The lawyer will review the case to determine if it's worth pursuing and, should it be what the best way to proceed. The lawyer will look over medical records and consult with medical experts to establish whether the healthcare providers or doctors providers performed their duties properly.

A successful medical malpractice lawsuit typically includes the possibility of claiming damages. The lawyer will consult with medical and financial experts in order to determine the right amount. This will include the costs of ongoing care and treatment for the child. Loss of enjoyment is another potential loss. This could be awarded when a child is unable to participate in activities or take part in activities they would have otherwise been able to.

The lawyers will then file the lawsuit in the appropriate court.  birth injury law services accidentinjurylawyers.claims  become plaintiffs, and the doctors, hospitals and other healthcare providers are defendants. The legal process involves hearings, discovery, and depositions. If the case is not resolved in this manner, a trial will be scheduled. The damages will be awarded by the judge or jury. Depending on the quality of the evidence, the damages could be significant. The lawyers will try to secure the best possible settlement for their clients. They will not accept a settlement that does not reflect the real value of a client's case.

Settlements

If you prevail in your case, your lawyer will assist you in obtaining the damages that are rightfully owed to you. The amount will depend on the injury, and your needs. This will include the cost of future medical treatment, any loss in earnings, modifications to your home, and ongoing mental or physical therapy. Your attorney will collaborate with financial and medical experts to determine the right amount to request.

The first step is to prove that a doctor breached their standard of care during the birth of your child. This is often done by looking over hospital documents and bills to determine mistakes.

After this is done the attorney can then send a demand packet to the doctor's or hospital's malpractice insurance. This should include a letter describing the injury and how it affects your family, along with medical records and other documentation. The insurance company will then accept or deny the demand and negotiate a settlement. If the insurance company is unwilling to give a reasonable amount, your lawyer can bring a lawsuit.

It is important to remember that most medical malpractice cases, which includes birth injury claims, are settled out of court. This is due to the fact that hospitals and doctors don't want to be branded as negative in the event that they are found to have made medical errors. The lawsuit process is lengthy and requires an extensive amount of research, but a seasoned lawyer for birth injuries is able to gather the evidence that proves negligence.

Your lawyer will know how to negotiate with medical providers and their insurance companies. Insurance companies will try to delay settlements and use every method to limit the amount they have to pay. Your lawyer will be able to resist these pressure tactics and present a strong case that is based on the facts of your particular situation.

Certain victims may be eligible to join New York's Medical Indemnity Fund, depending on the nature and severity of their injuries. This program will reimburse your children for a portion of the expenses they have incurred because of the birth injury. If the injuries were severe the attorney may suggest that you go to an appeal to a jury and seek a greater verdict than what you could receive as an agreement.