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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 make a claim for compensation. The first step is to consult with a skilled birth injury lawyer. They will examine your case to determine if there is enough evidence to back the suit. 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 and serious injuries to infants remains alarming. These injuries can cause long-term effects, including physical and developmental disabilities as well as delays in development. Families are entitled to compensation when medical negligence causes these injuries. Our team of experienced lawyers can help you create a strong case so that you receive the money you are entitled to. We will collect the records of your child, and collaborate with experts to determine the circumstances that led to the incident, and what caused it. We will then make an insurance claim and negotiate with insurance companies in order to settle your claim. In a majority of instances, a child's complete extent of injury is only apparent later in the course of their lives. In these cases, the victims of birth injuries may be asked to dismiss their claims based on the fact that the injury was not identified earlier or the statute of limitations has expired. Our firm has successfully fought against these tactics in the past, securing millions dollars in settlements for victims and their families. We will first meet with you to discuss your situation in person and determine if it has merit. We will collect the relevant medical records and depose witnesses who are able to make statements under oath which can be used to support 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 a demand package to the hospitals and doctors involved in the matter, with details about your child's injury and its impact on their quality of life. We will collaborate with medical malpractice insurers to resolve any claims denied and negotiate a settlement. If a settlement cannot be reached, we will prepare for trial and appoint 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 made by healthcare providers who make mistakes during treatment, causing harm. These errors can be simple or life-altering. Even linked site experienced doctors are capable of making mistakes. Medical malpractice claims are often the result of misdiagnosis, delayed diagnosis, injuries to the childbirth or surgical mistakes and medication errors as well as anesthesia mistakes. Certain healthcare specialties are considered as being at risk for malpractice suits like OB/GYN or surgical specialties. Some medical malpractice cases are so horrific that they draw national attention. CBS News, for example has reported on the incident that involved a Mexican girl named Jesica Santillan, who was 17 years old, who needed a lung and heart transplant. The Duke University Medical Center in Durham, North Carolina agreed to perform the operation. The surgeons failed to examine the donor's type of blood was compatible with Jesica. She suffered from numerous complications as a result, including hemolytic-uremic syndrome (HUS) and sepsis, renal failure and multiple organ rejections. If a case of medical malpractice establishes that the healthcare provider acted in violation of the standard of care, and caused damage, the patient could be entitled to both non-economic and 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 depending on the circumstances. Most doctors are required to have professional liability insurance. This reduces their financial risk in the case of malpractice claims. The cost of these policies could vary greatly depending on the doctor's area of practice. In addition, certain states have created alternative dispute resolution programs to settle malpractice claims. These programs typically replace a trial or jury system with an arbitration process that involves a neutral third party who hears evidence from both sides and makes an informed decision. If you believe that you have been injured by an healthcare professional, it is important to speak with an experienced lawyer regarding your case. A skilled medical malpractice lawyer can guide you through the process of gathering and reviewing your medical documents to determine if 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 own rules, exceptions and limitations. They vary depending on the type and amount of the claim. Medical malpractice lawyers are acquainted with the laws in each state and will ensure that a lawsuit is filed within the time period permitted for a particular case. In the case of birth-related neurological injuries, the deadline to file a lawsuit is typically two and a half years from the time the injury was discovered. The timeline may be extended if the condition was treated continuously. The laws could also be different in cases involving wrongful death. The first step in a birth injury lawsuit is to get an initial consultation with an experienced lawyer. The lawyer will evaluate the case to determine if it is worth pursuing and, should it be what steps to take. The lawyer will review the medical records and consult medical experts to determine if doctors or other healthcare professionals were in compliance with the law. A successful medical malpractice lawsuit typically includes the possibility of claiming damages. The lawyer will consult with financial and medical experts to determine the appropriate amount to demand. These include the cost of ongoing treatment and care for the child. Other potential damages include the loss of enjoyment of life and can be awarded when the child isn't able to take part in activities or hobbies they would have otherwise been capable of enjoying. The lawyers will then file the lawsuit with the appropriate court. The parents become plaintiffs and the hospitals, doctors and other healthcare providers become defendants. The legal process will entail a number of hearings and discovery, in which parties exchange information and take depositions. If the case isn't settled during the process the case will be taken to trial. The damages will be determined by the judge or jury. Depending on the strength of the evidence, damages could be substantial. The lawyers will work to negotiate the most favorable settlement for their clients. They will not accept any settlement that does not reflect the real worth of their client's case. Settlements Your attorney will help you recover damages that you are entitled to if you win your case. The amount you receive will depend on the injury and your specific needs. Included in this figure is the cost of any future medical treatment and any loss of income or home modifications, and ongoing psychological or physical therapy. Your attorney will consult with medical and financial experts to determine the appropriate amount to ask for. The first step is to establish that a doctor did not adhere to their standards of care during the birth of your child. Often, this is accomplished by examining medical bills and hospital bills to determine if there was any mistakes. Once this has been accomplished, your attorney may send a demand form to the hospital's or doctor's malpractice insurer. This will include a statement describing the injury and how it affects you and your family, as well as medical records and other documentation. The insurer will either accept or deny the demand and negotiate an agreement. If the insurance company refuses to offer a reasonable amount, your attorney may file an action. It is vital to know that the majority of medical malpractice cases, like birth injury claims, are settled out-of-court. This is due to the fact that hospitals and doctors don't want to be seen as having 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 will know how to gather and present the evidence in your case to prove negligence occurred. Your attorney will be able to manage any negotiations with medical providers and their insurance companies. Insurance companies will attempt to delay a settlement and use every trick in the book to reduce the amount they have to pay. Your lawyer will be able to resist these pressure tactics, and will be able to present a convincing argument based on your facts. Some victims might be eligible to enroll in New York’s Medical Indemnity Fund, depending on the type and severity of their injuries. This program will pay your children the cost due to the birth injury. However, if the injuries were serious, your attorney may recommend that you pursue an open jury trial and ask for a higher verdict than what you could get in the settlement.