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How to File a Birth Injury Claim If your child sustained a birth injury as a result of medical negligence, you may seek compensation. The first step is to speak with an experienced birth injury lawyer. They will review your case and decide if there is enough evidence to support the possibility of filing a lawsuit. They will then gather medical documents and expert testimony to make 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 is still alarming. These injuries can have long-lasting consequences, such as developmental delays and physical disabilities. Families are entitled to compensation when medical negligence causes these injuries. Our experienced team of birth trauma lawyers will help you create a strong case to be compensated for the damages you deserve. We will collect your child's records, consult with specialists to discover what happened, and why. We will then make an insurance claim and negotiate with insurance companies in order to settle your claim. In many instances, the full extent of injury is only visible later in life. In these cases, victims of birth injuries may be asked to drop their claims based on the fact that the injury was not discovered sooner or that the statute of limitations is over. Our firm has successfully fought these tactics in the previous, securing millions in settlements for the victims. We will start by meeting with you in person to discuss your case and determine whether it has merit. We will collect the relevant medical records, and depose witnesses who can provide statements under oath that will support your case. We will also talk to your child, if possible, to get their opinion on the consequences of the injury. We will submit an appeal package to the hospitals and doctors involved in the case, containing details about your child's injury and its impact on their quality of life. We will collaborate with the medical professionals' malpractice insurance providers to resolve any denials of claim and negotiate an agreement to settle your claim. If a settlement is not reached we will prepare for trial and hire experts to defend your case. We will pursue the maximum amount of compensation you are legally entitled to. Medical Malpractice Cases Medical malpractice claims are filed by healthcare professionals who make errors in treatment that cause harm. These errors could be small or life-altering. Even the most skilled doctors are capable of making mistakes. affordable birth injury lawyer are often the result of misdiagnosis, delayed diagnosis, childbirth injuries surgical errors and medication errors as well as anesthesia mistakes. Certain healthcare specialties are considered classically high-risk for malpractice suits like OB/GYN or surgical specialties. Some medical malpractice cases are so horrifying that they draw national attention. For instance, CBS News reported on the case of a 17 year old girl from Mexico named Jesica Santillan who needed an organ transplant for her heart and lung. The Duke University Medical Center, Durham, North Carolina, agreed to perform the operation. The surgeons didn't check to see if the donor's type of blood was compatible with Jesica. Due to this, she suffered from a variety of complications such as hemolytic uremic disorder (HUS), 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 harm the patient could be entitled to both economic and non-economic damages. Economic damages can include medical bills and lost wages. Other damages that are not economic include discomfort and pain, as well as disfigurement. In addition, punitive damages are available in the event of an incident. Most doctors are required to have professional liability insurance. This reduces their financial risk in the event of malpractice claims. The price of these policies can differ greatly based on the physician's field of practice. In addition, certain states have established alternative dispute resolution procedures to resolve malpractice claims. These programs typically replace a jury trial by an arbitrator who reviews both sides' arguments and then renders a final ruling. It is crucial to consult with a seasoned lawyer about your medical malpractice case if you think you've been injured by a healthcare professional. A seasoned medical malpractice attorney will guide you through the process of collecting and reviewing your medical records to determine whether you have a valid malpractice claim. Sobo & Sobo has talented attorneys at your disposal 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 exemptions and they differ depending on the nature of claim. Medical malpractice lawyers are acquainted with the laws of each state and will make sure that the complaint is filed within the deadline set for the particular case. For instance in cases involving neurological injuries that result from birth the deadline to file a lawsuit typically is two and two and a half years after the date that the injury was discovered. The timeline can be extended if the condition was treated for a long time. In cases of wrongful death the law could differ. A free consultation with an experienced attorney is the first step in the filing of a lawsuit based on birth injuries. The lawyer will assess the case to determine if it's worth pursuing and in the event that it is what steps to take. The lawyer will review medical records and consult with medical experts to establish whether the doctors or other healthcare providers acted properly. A successful medical malpractice case will usually include an action for compensation. 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. The loss of enjoyment is another possible injury. This can be a result when a child is unable to participate in activities or engage in activities they would have otherwise been able. The lawyers will then file the lawsuit with the appropriate court. Parents become plaintiffs, and the doctors, hospitals and other healthcare providers become defendants. The legal process will include numerous hearings and discovery sessions, during which the parties discuss information and depositions. If the case is not settled during this process, it will go to trial. The judge or jury will then determine the damages. Depending on the strength of the evidence, damages could be substantial. Lawyers will work to negotiate the most favorable settlement for their clients. They will not accept any settlement offer that doesn't reflect the true worth of their client's case. Settlements If you are successful in proving your case, your attorney will assist you in obtaining the damages that are rightfully due to you. The amount is contingent on the nature of your injury, as well as your requirements. Included in this figure is the cost of future medical treatment as well as any loss of earnings or home modifications as well as ongoing psychological or physical therapy. Your attorney will collaborate with financial and medical experts to determine the right amount to ask for. The first step is proving that a doctor did not adhere to their standards of practice when delivering your child. This is usually done by reviewing hospital records and bills to find out if there was malpractice. After this is done after which your lawyer can send a demand form to the hospital's or doctor's malpractice insurer. The package will contain a written explanation of the injury and its impact on your family as along with medical records and other documentation. The insurer will then either accept or deny the request and negotiate a settlement. Your attorney can file a lawsuit if the insurer refuses to accept an offer that is reasonable. It is important to know that most medical malpractice cases, which includes birth injury claims, are settled outside of court. This is because doctors and hospital do not want to be a source of negative publicity if they are found guilty of medical malpractice. The lawsuit process is lengthy and requires an extensive amount of research, but a seasoned lawyer for birth injuries is able to gather evidence to prove negligence. Your attorney will also know how to handle any negotiations with the medical providers and their insurance companies. Insurance companies will try to delay a settlement and use every trick they can to limit the amount they have to pay. Your lawyer will be able to stop these tactics and will be able to present a convincing argument for you based on your facts. Some victims might be eligible for enrollment in the New York's Medical Indemnity Fund, depending on the severity and type of their injury. This program reimburses your children for some of the costs they incurred as a result of the birth injury. If the injuries were severe your lawyer may recommend that you go to an open jury trial and request a higher verdict than the one you get in an agreement.