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How to File a Birth Injury Claim You may be entitled to compensation when your child was injured during birth because of medical negligence. The first step is to talk with a skilled birth injury lawyer. They will look over your case and determine whether there enough evidence to warrant 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 a medically advanced nation however, the number of fatal or even serious injuries to infants is still alarming. These injuries can have long-lasting effects, including developmental delays and physical disabilities. Families should be compensated when medical negligence causes these injuries. Accident Injury Lawyers of 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, work with experts to discover the circumstances that led to the incident you should submit a claim to the hospital and doctors responsible, negotiate with insurance companies to settle your claim (or make a claim if necessary) and present your evidence and arguments a jury. In many instances, the full extent of injury is only apparent later in life. In this case, the those who suffer from birth trauma may be able to defend their claims by insisting that the injury should have been identified sooner and that the statute of limitations has expired. Our firm has successfully fought against 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 meritorious. We will collect the relevant medical records and depose witnesses who are able to make statements under oath which will support your case. We will also interview your child, if it is possible to gain their perspective on the effects of the injury. We will send a demand letter with detailed information on your child's injuries and the effects on their quality of life to the doctors and hospital involved in the case. We will work with the medical professionals' malpractice insurers to address any claim denials and negotiate a settlement to settle your claim. If a settlement cannot be reached, we will prepare for trial and hire experts to testify in your case. We will pursue the maximum amount of compensation you are legally entitled to under the law. Medical Malpractice Cases Medical malpractice lawsuits are based on healthcare professionals who make mistakes during treatment that cause harm. These errors can be simple or life-altering. Even the most experienced doctors are susceptible to making mistakes. The most frequent causes of medical malpractice claims are misdiagnosis, or a delayed diagnosis, injuries resulting from childbirth mistakes in surgery, medication mistakes, and anesthesia lapses. Certain healthcare specialties, such as OB/GYNs and surgical specialties, are considered to be at risk for malpractice lawsuits. Some medical malpractice cases are so shocking that they garner national attention. CBS News, for example, reported on the case that involved a Mexican girl named Jesica Santillan aged seventeen who required a heart and lung transplant. The Duke University Medical Center, Durham, North Carolina, was willing to carry out the surgery. The surgeons didn't check to see if the blood donor's type was compatible with Jesica. This is why Jesica was afflicted with a range of complications such as hemolytic uremic disorder (HUS), sepsis, renal failure and multiple organ transplant rejections. If a medical malpractice lawsuit establishes that the healthcare provider acted in violation of the standards of care and caused harm the patient could be entitled to both economic and non-economic damages. Economic damages may include medical expenses and lost wages. Non-economic damages include pain and suffering and disfigurement. Depending on the circumstances, punitive damages could also be available. Most doctors are required to have professional liability insurance, which reduces the financial risk of malpractice claims. However the price of these policies differs significantly and is dependent on the physician's practice area. Certain states have also instituted alternative dispute resolution programs to settle malpractice claims. These processes generally replace a trial and jury system by an arbitration process that involves a neutral third party who hears evidence from both sides and then makes the decision. If you suspect that you have been injured by an healthcare professional it is essential to consult with an experienced lawyer regarding your case. A seasoned medical malpractice attorney can guide you through the process of gathering and reviewing your medical documents to determine if you have 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 Every state's statute of limitations has specific rules and exceptions and they differ depending on the nature of claim. Medical malpractice lawyers are familiar with the laws of each state and will ensure that the complaint has been filed within the time limit that is applicable to the particular case. For example in cases involving birth-related neurological injuries the deadline for filing a lawsuit is generally two and a half years from the date that the injury was discovered. However, the timeline may be longer if there was continuous treatment for the condition. The laws could be different in cases of wrongful death. The first step in a birth injury lawsuit is getting a free consultation with an experienced lawyer. The lawyer will evaluate the case to determine if it is worth the effort and, should it be, how to proceed. The lawyer will look over medical records and consult medical experts to determine if doctors or other healthcare providers behaved 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 proper amount. These include the costs of ongoing treatment and care for the child. Loss of enjoyment is another potential damage. This can be a result when a child is unable in activities or enjoy activities they would have otherwise been able. The lawyers will then file the lawsuit with the appropriate court. The parents will be plaintiffs, while the hospitals, doctors, and other healthcare providers become defendants. The legal process will involve several hearings and discovery, during which the parties exchange information and conduct depositions. If the case is not settled during this process, a trial will be conducted. The damages will be determined by a jury or judge. Depending on the quality of the evidence, the damages could be significant. They will do all they can to secure the most favorable settlement for their client. They will not accept any settlement that does not reflect the actual value of the case. Settlements Your lawyer will assist you to recover damages that you are entitled to if you win your case. The amount will depend on the injury and your specific requirements. This includes the cost of any future medical treatment as well as any loss of earnings, modifications to your home, and continuing physical or mental therapy. Your attorney will consult with medical and financial experts to determine the appropriate amount to seek. The first step is to establish that a doctor violated their standards of care when your child was born. This is usually accomplished by reviewing hospital documents and bills to determine malpractice. After this is completed the lawyer can then submit a demand to the malpractice insurance company of the hospital or doctor. This will include a written statement explaining the injury and its impact on your family as well as medical records and other evidence. The insurer will either accept or reject the demand, and then negotiate an agreement. If the insurance company is unwilling to offer a reasonable amount, your attorney may file an action. It is important to know that the majority of medical malpractice cases, including 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 process of filing a lawsuit can be lengthy and requires lots of research, but a seasoned lawyer for birth injuries will know how to gather the evidence to prove negligence. Your lawyer will be able to negotiate with medical providers and their insurance companies. Insurance companies try to delay a settlement and use every method to minimize the amount they have to pay. Your lawyer can stop these tactics and present a convincing argument for you based on your facts. Based on the type of injury, some victims might be eligible to enroll in the New York's Medical Indemnity Fund. This program will reimburse your children for a portion of their expenses related to the birth injury. If the injuries were severe however your lawyer may suggest pursuing a trial with an jury and seek more than you could receive through settlement.