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The Worst Advice We’ve Received On Birth Injury Claim
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. childbirth negligence lawyer accidentinjurylawyers.claims is to consult with a skilled birth injury lawyer. 
 
They will review your case and decide if there is enough evidence to support a lawsuit. They will then gather medical records and testimonies from experts to build a strong case for you. 
 
Birth Trauma Cases 
 
The US is one of the most medically advanced countries but it still has a troubling rate of serious and fatal birth injuries for newborns. These injuries may result in lasting effects, such as physical disabilities, developmental delays or even mental illness. Families deserve compensation when medical negligence leads to these injuries. 
 
Our team of skilled birth trauma lawyers will help you create a strong case to receive the compensation you are entitled to. We will gather 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 file claims and negotiate with insurance companies in order to settle your claim. 
 
In many instances, the full extent of the child’s injury is not apparent until later on in the course of. If this happens, the those who suffer from birth trauma may face attempts to dismiss their claims by arguing that the injury should have been identified sooner and that the time limit for filing a claim has passed. Our firm has successfully fought against these tactics in the past, securing millions of dollars in settlements for victims and their families. 
 
We will start by meeting you in person to discuss your case and determine whether it is meritorious. We will gather the relevant medical records and call witnesses who can provide statements under oath in support of your case. We will also speak with your child, if possible, to get their perspective on the effects of the injury. 
 
We will send a demand package to the doctors and hospitals involved in the case, which will include specific information regarding your child’s injuries and their impact on their quality of life. We will collaborate with the medical professionals’ malpractice insurers to resolve any denials of claim and negotiate an agreement to settle your claim. If a settlement isn’t reached we will prepare to go to trial and employ experts to prove your case. We will seek the maximum amount of compensation to which you are legally entitled to. 
 
Medical Malpractice Cases 
 
Medical malpractice claims involve healthcare providers who commit mistakes during treatments that cause harm. These errors could be small or life-changing. Even the most experienced doctors can make mistakes. The most common causes of medical malpractice lawsuits are misdiagnosis, or a delayed diagnosis, injuries resulting from childbirth, surgical errors, medication mistakes, and anesthesia lapses. Certain healthcare specialties, such as OB/GYNs and surgical specialties, are thought to be high-risk for malpractice lawsuits. 
 
Some cases involving medical malpractice can be so horrendous that they capture national attention. For instance, CBS News reported on the case of a 17 year old girl from Mexico named Jesica Santillan, who required a heart and lung transplant. The Duke University Medical Center, Durham, North Carolina, was willing to carry out the surgery. The surgeons failed to check to see if the donor’s type of blood was compatible with Jesica. This is why Jesica suffered from a myriad of complications that included hemolytic uremic syndrome (HUS) sepsis, renal failure and multiple organ transplant rejections. 
 
 
If a medical malpractice case shows that a healthcare provider did not follow the standard of care and caused damages, the patient may be entitled to both economic and non-economic damages. Medical expenses and lost wages are considered economic damages. Non-economic damages include pain and suffering and disfigurement. Depending on the circumstances, punitive damages may also be available. 
 
Most doctors are required carry professional liability insurance. This reduces the risk of financial loss in the event of malpractice claims. However, the price of these policies differs widely and can be contingent on the area of practice of the doctor. 
 
In addition, some states have established alternative dispute resolution procedures to resolve malpractice claims. These programs typically replace jury trials with an arbitrator who hears both sides’ arguments and makes a final decision. 
 
It is essential to consult with a seasoned lawyer about your medical malpractice claim if you think you’ve been injured by a healthcare professional. A skilled medical malpractice lawyer can assist you in the process of collecting and reviewing your medical records to determine whether you have a viable 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 vary depending on the type and amount of the claim. Medical malpractice lawyers are acquainted with the laws of each state and will help ensure that a lawsuit is filed within the timeframe that is allowed for a particular case. 
 
For example when it comes to birth-related neurological injuries, the deadline for filing a lawsuit typically is two and one-half years from the date that the injury was discovered. However, the timeline may be longer if there was continuous treatment for the condition. In the case of wrongful death the laws could differ. 
 
The first step in a birth injury lawsuit is to get a free consultation with an experienced lawyer. The lawyer will evaluate the case to determine whether it is worth pursuing and, should it be what the best way to proceed. The lawyer will look over medical records and consult with medical experts to determine whether the doctors or other healthcare providers performed their duties properly. 
 
A successful medical malpractice lawsuit will usually include an action for compensation. The lawyer will consult with financial and medical experts in order to determine the right amount. These include the costs of ongoing treatment and care for the child. Other potential damages include the loss of enjoyment, which may be awarded if the child isn’t able to take part in the activities or hobbies they would have otherwise been capable of enjoying. 
 
The lawyers will then file the lawsuit with the appropriate court. The parents will become the plaintiffs, and the hospitals, doctors and other healthcare providers be the defendants. The legal process will include several hearings and discovery, during which parties exchange information and conduct depositions. If the case isn’t resolved during the process the case will be taken to trial. The damages will be determined by a jury or judge. The amount of damages could be substantial dependent on the strength and quantity of the evidence. The lawyers will try to negotiate the most favorable settlement for their clients. They will not accept any settlement offer that doesn’t reflect the actual value of their client’s situation. 
 
Settlements 
 
If you win your case, your lawyer will help you recover the amount of damages owed to you. The amount will depend on the injury, and your requirements. Included in this figure is the cost of any future medical treatment, any loss of earnings or home modifications, and ongoing physical or psychological therapy. Your attorney will collaborate with financial and medical experts to determine the appropriate amount to seek. 
 
The first step is to prove that a doctor violated their standard of care during your child’s birthing process. This is usually accomplished by examining medical bills and hospital bills to determine if there was any mistakes. 
 
After this is completed after which your lawyer can send a demand to the malpractice insurance of the hospital or doctor. This should include a letter describing the injury and the impact it has on your family, as well as medical records and other documents. The insurance company will then accept or deny the demand and negotiate a settlement. If the insurance company refuses to provide a fair amount, your attorney can bring an action. 
 
It is important to know that the majority of medical malpractice cases, such as birth injury claims, are settled outside of court. It is because hospitals and doctors do not want to be associated with negative publicity if they are found guilty of medical malpractice. The lawsuit process is lengthy and involves a lot of investigation, but a skilled 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 providers and their insurance companies. Insurance companies try to delay a settlement and employ every trick in the book to minimize the amount they are obligated to pay. Your lawyer can resist these pressure tactics, and will present a strong argument based on the facts. 
 
Depending on the type of injury, some victims may qualify to enroll in New York’s Medical Indemnity Fund. The program reimburses your children for a portion of the expenses they incurred due to the birth injury. If the injuries were serious, your attorney may recommend that you pursue an open jury trial and request a higher verdict than the one you receive as a settlement.