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How to File a Birth Injury Claim If your child was injured at birth injury because of medical negligence, you may file a claim for compensation. Consult an experienced birth injury attorney as your first step. They will review your case to determine if there's sufficient evidence to support the filing of a lawsuit. birth injury lawsuit process will then gather medical records and testimony from experts to create an argument that is strong for you. Birth Trauma Cases The US is a medically advanced country, but the rate of fatal and serious injuries to infants remains alarming. These injuries could have permanent repercussions that can last a lifetime, such as developmental delays, physical disabilities, and even mental illness. When medical negligence causes these injuries, families are entitled to compensation to help them live their lives fully. Our team of experienced birth trauma lawyers will help you build a strong case to be compensated for the damages you're entitled to. We will review and gather your child's medical records, collaborate with experts to determine what happened and why you should make a claim against the hospital and the doctors responsible, negotiate with insurance companies to settle your claim (or file a lawsuit if necessary), and present your evidence and arguments to jurors. In most instances, the full extent of injury will only become visible later in life. In these cases, the victims of birth injuries can be asked to dismiss their claims on the grounds that the injury wasn't discovered earlier or that the statute of limitation 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 case in person and determine whether it's merits. We will gather the relevant medical records and depose witnesses who can provide statements under oath in support of your case. We will also, if capable of it, speak with your child to obtain their perspective about the effects of the injury. We will send an order package that contains detailed information on your child's injuries and their impact on his or her quality of life to the doctors and hospitals involved in the case. We will collaborate with medical malpractice insurers in order to settle any claims denied and negotiate a settlement. If a settlement isn't reached, we will prepare to go to trial and employ experts to defend your claim. We will seek the maximum amount of compensation to which you are legally entitled to. Medical Malpractice Cases Medical malpractice claims are made by healthcare providers who make errors in treatment that cause harm. These mistakes can be minor or life-changing. A lot of these mistakes are preventable but even the most experienced doctors can make mistakes. Medical malpractice lawsuits are most often triggered by misdiagnosis delayed diagnosis, injuries to the childbirth, surgical mistakes, medication errors, or anesthesia mistakes. Certain specialties in healthcare, such as OB/GYNs and surgical specialties are deemed to be high-risk for malpractice lawsuits. Some cases involving medical malpractice can be so horrendous that they draw national attention. For example, 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 in Durham, North Carolina agreed to carry out the procedure. The surgeons didn't examine the donor's type of blood was compatible with Jesica. She suffered from multiple complications as a result which included hemolytic-uremic disorder (HUS) sepsis, renal failure and multiple organ rejections. If a medical malpractice case proves that the healthcare provider acted in violation of the standards of care and caused damage the patient may be entitled to both economic and non-economic damages. Medical bills and lost wages are economic damages. Other damages that are not economic include pain and discomfort and disfigurement. Depending on the circumstances, punitive damages may also be available. Most physicians are required to carry professional liability insurance, which reduces the financial risk of malpractice claims. The cost of these policies could differ greatly based on the area of practice. Some states have also established alternative dispute resolution procedures to settle malpractice claims. These programs typically replace a trial and jury system with an arbitration process that involves a neutral third party who hears evidence from both sides and makes the decision. It is important to speak with an experienced lawyer regarding your medical malpractice case if you believe you have been harmed by a healthcare professional. A medical malpractice lawyer will help you through the process to take a look at and review your medical records in order to determine if there's an actual 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 based on the nature and amount of the claim. Medical malpractice lawyers are acquainted with the laws of each state and will make sure that a claim has been filed within the deadline that is applicable to the particular case. For instance in cases involving birth-related neurological injuries, the deadline for filing a lawsuit is generally two and one-half years from the date the injury was discovered. However, the timeframe could be longer if there was ongoing treatment for the condition. The laws could be different in cases of wrongful death. A free consultation with an experienced attorney is the first step in the filing of a lawsuit based on birth injuries. The lawyer will evaluate the case to determine whether it is worth pursuing and, should it be what steps to take. The lawyer will look over medical records and consult medical experts to determine whether doctors or other healthcare providers behaved appropriately. A successful medical malpractice lawsuit generally includes an action for damages. The lawyer will collaborate with financial and medical experts to determine the right amount to request. Most often, this includes the costs of any ongoing treatments and care for the injured child. Loss of enjoyment of life is another potential loss. This can be a result when a child cannot participate in activities or engage in activities they would have otherwise been able to. The lawyers will then file a lawsuit in the appropriate court. The parents become plaintiffs and the hospitals, doctors and other healthcare providers are defendants. The legal process consists of a series of hearings discovery, depositions, and hearings. If the case is not resolved in this manner then a trial will be held. The damages will be awarded by the judge or jury. The amount of damages can be substantial dependent on the strength and weight of 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 true worth of their client's case. Settlements Your attorney will help you recover damages that you are entitled to if succeed in your case. The amount is contingent on the severity of the injury and your needs. Included in this will be the cost of future medical treatment, any loss of earnings and home improvements and ongoing physical or psychological therapy. Your attorney will consult with financial and medical experts to determine an appropriate amount to seek. The first step is to establish that a doctor violated their ethical standards during the birthing process of your child. This is typically done by reviewing hospital documents and bills to determine malpractice. Once this is done, your lawyer can submit an appeal to the malpractice insurance of the hospital or doctor. This should include a letter that explains the incident and how it affects you and your family, along with medical records and other documents. The insurer will either accept or deny the request and negotiate a settlement. Your lawyer can start a lawsuit if insurer refuses to accept an offer that is reasonable. It is important to remember that the majority of medical malpractice cases, such as birth injury claims, are settled out of court. This is because hospitals and doctors do not want to be seen as having negative publicity if they are found guilty of medical malpractice. The lawsuit process is lengthy and requires lots of research, but an experienced lawyer for birth injuries knows how to gather evidence that proves negligence. Your attorney will be able to negotiate with medical professionals and their insurance companies. Insurance companies will use every trick to delay a settlement, and even reduce the amount they are required to pay. Your lawyer can stop these tactics and will present a strong argument for you based on the facts. Based on the nature of injury, some victims may be eligible to enroll in the New York's Medical Indemnity Fund. This program reimburses your children for a portion of the expenses they have incurred as a result of the birth injury. If the injuries were serious, your attorney may recommend that you seek a jury trial and ask for a higher verdict than what you could receive in a settlement.