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How to File a Birth Injury Claim You may be entitled to compensation If your child was injured when he was born due to medical negligence. Talk to a knowledgeable birth injury lawyer as a first step. They will review your case to determine if there is enough evidence to back the suit. They will then gather medical records and expert testimony to build an argument that is convincing for you. Birth Trauma Cases The US is an advanced medical country, but the rate of fatal or even serious injuries to infants is still alarming. These injuries can cause long-term effects, including physical disabilities and developmental delays. Families are entitled to compensation when medical negligence causes these injuries. Our experienced team of birth trauma lawyers can assist you to create a strong case to receive the compensation you're entitled to. We will gather and analyze your child's medical records, work with experts to discover the circumstances that led to the incident you need to file a claim against the hospital and doctors responsible, negotiate with insurance companies to settle your claim (or bring a lawsuit in the event of a lawsuit) and then present your evidence and arguments to jurors. In a majority of cases, a child's full extent of injury will only become apparent later in life. If this happens, the victims of birth trauma may face attempts to dismiss their claims by insisting that the injury should have been discovered earlier and the time limit for filing a claim has passed. affordable birth injury lawyer has successfully fought against these tactics in the past, securing millions of dollars in settlements for the victims and their families. We will start by meeting with you in person to discuss your case and determine whether it is meritorious. We will gather the relevant medical records and interview witnesses who can provide statements under oath to back your case. We will also, if you are competent, talk to your child to get their perspective on the impact of the injury. We will present an appeal package to the doctors and hospitals involved in the case, containing detailed information about the injury your child sustained and its impact on their quality of life. We will collaborate with medical malpractice insurers to resolve any denials of claims and negotiate an agreement. If a settlement is not reached, we will prepare for trial and employ experts to defend your case. We will pursue the maximum amount of compensation to which you are legally entitled to. Medical Malpractice Cases Medical malpractice claims are filed by healthcare providers who make errors during treatment and cause harm. These mistakes can be minor or life-changing. Even the most experienced doctors are capable of making mistakes. Medical malpractice claims are often caused by misdiagnosis, delay in diagnosis, childbirth injuries or surgical mistakes medication errors, or anesthesia errors. Certain healthcare specialties are considered to be at risk for malpractice lawsuits including OB/GYN and surgical specialties. Some cases involving medical malpractice can be so horrendous that they attract national attention. For example, CBS News reported on the case of a 17 year old girl from Mexico named Jesica Santillan who required a lung and heart transplant. The Duke University Medical Center, Durham, North Carolina, accepted to perform the surgery. However the surgeons were unable to ensure that the donor's blood type was compatible with Jesica's. This is why Jesica was afflicted with a range of complications that included hemolytic uremic syndrome (HUS) as well as sepsis, renal failure, and multiple organ transplant rejections. If a claim for medical malpractice establishes that a healthcare professional was not following the standard of care and caused damages the patient may be entitled to both economic and non-economic damages. Medical bills and lost wages are considered economic damages. Non-economic damages can include pain and discomfort and disfigurement. In addition, punitive damages are available dependent on the circumstances. Most doctors are required to carry professional liability insurance. This reduces the risk of financial loss in the event of malpractice claims. However the cost of these policies can vary significantly and is dependent on the area of practice of the doctor. Certain states have also instituted alternative dispute resolution programs to settle the malpractice claims. These processes typically replace a trial and jury system by an arbitration process that consists of a neutral third party that listens to evidence from both sides and then makes a decision. If you suspect that you've been hurt by a healthcare professional It is crucial to speak with a seasoned lawyer about your case. A medical malpractice lawyer can guide you through the process to take a look at and review your medical records in order to determine if there's an appropriate malpractice claim. Sobo & Sobo offers talented lawyers in Middletown, Monticello NYC, Newburgh Spring Valley, Poughkeepsie and all over Orange County, NY. Statute of Limitations Each state has its specific rules, exceptions and limitations. They vary depending on the nature and amount of the claim. Medical malpractice attorneys are familiar with the laws in each state and will ensure that a complaint is filed within the time period allowed for a specific 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 timeframe may be extended if the condition was treated continuously. In cases of wrongful death, the laws may differ. The first step in a birth injury lawsuit is obtaining a free consultation with an experienced attorney. The lawyer will review the claim to determine whether it's worth the effort, and should it be, if so, what to do. The lawyer will look over medical records and consult with medical experts to determine whether doctors or other healthcare providers behaved appropriately. A successful medical malpractice lawsuit generally includes a claim for damages. The lawyer will consult with medical and financial experts in order to determine the proper amount. This includes the cost of ongoing treatment and care for the child. Other possible damages include the loss of enjoyment that 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 doctors, hospitals and other healthcare providers become defendants. The legal process consists of a series of hearings discovery, depositions, and hearings. If the case is not resolved during this process, a trial will be held. The judge or jury will then decide on the amount of damages. The amount of damages could be substantial depending on the strength and amount of evidence. They will do everything they can to secure the best settlement for their client. They will not accept any settlement that doesn't reflect the actual worth of their client's case. Settlements Your attorney will help you recover damages that you have a right to if you win your case. The amount will be based on the nature of the injury and your particular requirements. This includes the cost of any future medical treatment, any loss in earnings, any changes to your home, as well as continuing physical or mental therapy. Your attorney will consult with financial and medical experts to determine the appropriate amount to seek. The first step is to establish that a doctor did not adhere to their standards of practice during the birthing process of your child. This is usually accomplished by examining medical records and hospital bills to determine if there was any malpractice. Once this is done after which your lawyer can send a demand to the malpractice insurance of the hospital or doctor. The package should include a written statement describing the injury and how it affects your family, along with medical records and other evidence. The insurance company will then accept or deny the demand and negotiate a settlement. Your lawyer can file a lawsuit if the insurer refuses to accept an offer that is reasonable. It is crucial to understand that the majority of medical malpractice cases, like birth injury claims, are settled out-of-court. This is because hospitals and doctors don't want negative publicity when they are discovered to have committed medical malpractice. The process of bringing a lawsuit is long and involves a lot of discovery, but a seasoned birth injury lawyer knows how to gather and present evidence in your case that proves negligence occurred. Your attorney will be able to manage any negotiations with medical professionals and their insurers. Insurance companies will attempt to delay settlements and use every method to limit the amount they have to pay. Your lawyer can resist these pressure tactics and present a strong argument for you based on the facts of your particular situation. Based on the type of injury, some victims might qualify to enroll in the New York's Medical Indemnity Fund. The program reimburses your children for a portion of the costs they incurred due to the birth injury. If the injuries were severe your lawyer may recommend that you seek an open jury trial and ask for a higher verdict than the one you get in a settlement.