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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. Contact a seasoned birth injury attorney as your first step. They will evaluate your case to determine if there is enough evidence to back a 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 one of the world's most medically advanced countries, but it still has a troubling rate of fatal and serious birth injuries for newborns. These injuries could have lifelong repercussions, including developmental delays, physical disabilities, and even mental illness. Families should be compensated when medical negligence leads to these injuries. Our team of experienced lawyers can assist you in forming an argument that is strong enough to ensure you receive the compensation you are entitled to. We will review and gather the medical records of your child, work with experts to understand what happened and why, make a claim against the hospital and the doctors responsible and negotiate with insurance companies to settle your claim (or bring a lawsuit if necessary), and present your evidence and arguments a jury. In many cases, the extent of a child's injuries is not discovered until later in life. In these instances, the victims of birth injuries can be asked to dismiss their claims based on that the injury was not discovered sooner or that the statute of limitations has passed. Our firm has successfully fought these tactics in the past, securing millions dollars in settlements for the victims and their families. We will first meet with you to discuss your case in person and determine if it has merit. We will take the relevant medical records, and depose witnesses who are able to give statements under oath that can be used to support your case. We will also, if you are competent, talk to your child to get their perspective about the effects of the injury. We will mail a demand package containing details about the injuries your child sustained and their effects on their quality of life to the doctors and hospitals involved in the case. We will collaborate with medical malpractice insurance companies in order to resolve any claims denied and negotiate a settlement. If a settlement is not reached, we will prepare for trial and appoint expert witnesses to support your case. We will pursue the highest amount of compensation you are legally entitled to under the law. Medical Malpractice Cases Medical malpractice claims involve healthcare providers who commit mistakes in treatment that result in harm. These mistakes can be minor or life-altering. Even the most skilled doctors can make mistakes. Medical malpractice claims are most often triggered by misdiagnosis delayed diagnosis, childbirth injuries surgical errors and medication errors as well as anesthesia errors. Certain specialties in healthcare are thought to be to be at risk for malpractice lawsuits, such as OB/GYN and surgical specialties. Some medical malpractice cases are so horrifying that they attract national attention. For example, 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 carry out the procedure. However the surgeons did not make sure that the blood type of the donor was compatible with Jesica's. This is why Jesica was afflicted with a range of complications such as hemolytic uremic disorder (HUS) as well as sepsis, renal failure and multiple organ transplant rejections. If a case of medical malpractice proves that the healthcare provider acted in violation of the standards of care and caused damage, the patient could be entitled to both non-economic and 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 physicians are required to have professional liability insurance, which helps to reduce the financial risk of malpractice claims. The cost of these policies could differ greatly based on the area of practice. In addition, certain states have also established alternative dispute resolution programs to settle malpractice claims. These programs generally replace a trial and jury system with an arbitration procedure that involves a neutral third party that examines evidence from both sides before making a decision. It is important to speak with an experienced lawyer regarding your medical malpractice case if believe you have been harmed by a healthcare professional. A skilled medical malpractice lawyer will guide you through the process of collecting and reviewing your medical documents to determine if you are eligible for a malpractice claim. Sobo & Sobo offers talented attorneys in Middletown, Monticello NYC, Newburgh Spring Valley, Poughkeepsie, and throughout Orange County, NY. Statute of limitations Each state has its specific rules, exceptions and limitations. They differ depending on the nature and amount of the claim. Medical malpractice lawyers are familiar with the laws of each state and will ensure that a claim has been filed within the time limit allowed for the specific case. For erbs palsy attorney , in cases involving birth-related neurological injuries, the deadline for filing a lawsuit is generally two and a half years from the date the injury was discovered. However, the timeline may be longer if there was ongoing treatment for the condition. The laws could also be different in cases of wrongful deaths. The first step in a birth injury lawsuit is getting the opportunity to consult with an experienced attorney. The lawyer will evaluate the claim to determine if it's worth pursuing, and if so, what to do. The lawyer will look over medical records and consult medical experts to determine if medical professionals or other healthcare providers behaved properly. A successful medical malpractice lawsuit will usually include a claim for compensation. The lawyer will consult with financial and medical experts to determine the proper amount. Typically, these include the costs of any ongoing treatments and care for the child injured. Other potential damages include the loss of enjoyment of life and can be awarded when a child is not able to participate in activities or hobbies that they would otherwise be capable of enjoying. The lawyers will then file the lawsuit with the appropriate court. Parents will be plaintiffs, and doctors, hospitals and other healthcare providers be the defendants. The legal process consists of hearings as well as depositions, discovery, and hearings. If the case isn't resolved during this process it will go to trial. The jury or judge will decide on the amount of damages. The amount of damages could be substantial depending on the strength and amount of the evidence. The lawyers will work to negotiate the most favorable settlement for their clients. They will not accept any settlement that doesn't reflect the actual value of their client's case. Settlements Your lawyer will assist you get the compensation you have a right to if you prevail in your case. The amount is contingent on the injury, and your needs. Included in this amount is the cost of any future medical treatment and any loss of income, modifications to your house, and ongoing psychological or physical therapy. Your lawyer will consult with medical and financial experts to determine the right amount. The first step is to establish that a doctor violated their standard 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 malpractice. After this is done the attorney can then 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 documents. The insurer will then either accept or deny the request and negotiate an agreement. If the insurance company is unwilling to offer a reasonable amount, your attorney can bring an action. It is important to know that the majority of medical malpractice cases, including 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 process of filing a lawsuit is lengthy and requires lots of research, but a knowledgeable lawyer for birth injuries knows how to gather evidence that proves negligence. Your lawyer will also know how to handle any negotiations with the medical providers and their insurers. Insurance companies will employ every trick to delay a settlement, and even reduce the amount they are required to pay. Your lawyer will be able to stop these pressure tactics and present a strong case for you that is based on the facts of your individual situation. Some victims may be eligible to enroll in New York’s Medical Indemnity Fund, depending on the severity and type of their injuries. This program will reimburse your children for some of the expenses associated with the birth injury. If the injuries were severe your lawyer may recommend that you go to an appeal to a jury and ask for a higher amount of money than you would get in a settlement.