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How to File a Birth Injury ClaimIf your child was injured at birth injury as a result of negligence on the part of a doctor, you could seek compensation. Talk to a knowledgeable birth injury lawyer as the first step.They will examine your case to determine if there is enough evidence to support the suit. They will then gather medical documents and expert testimony to create an argument that is strong for you.Birth Trauma CasesThe US is among the world’s most medically advanced countries but it has a troubling rate of serious and fatal injuries to newborns. These injuries can have lifelong consequences, including physical and developmental disabilities as well as delays in development. When medical negligence causes these injuries, families are entitled to compensation to enable them to live their lives fully.Our team of skilled birth trauma lawyers can help you build a strong case to be compensated for the damages you deserve. We will gather your child’s medical records, then work with specialists to understand what happened and the reasons behind it. We will then file a claim and negotiate with insurance companies to resolve your claim.In most cases, a child’s full extent of the injury becomes evident later in the course of their lives. In these cases, the victims of birth injuries may be questioned about the validity of their claims based on the fact that the injury wasn’t identified earlier or that the statute of limitations has expired. Our firm has successfully fought these tactics in the past, securing millions of dollars in settlements for victims and their families.We will begin by meeting you in person to discuss your case and determine if it is meritorious. We will take the relevant medical records and depose witnesses who can make statements under oath which can support your case. We will also, if capable of it, speak with your child to find out their opinion on the consequences of the injury.We will submit a demand packet to the doctors and hospitals involved in the case, which will include details about your child’s injury and its impact on their quality of life. We will work with the medical professionals’ malpractice insurance companies to address any claim denials and negotiate a settlement to settle your claim. If a settlement is not reached then we will prepare to go to trial and engage experts to prove your case. We will seek the maximum amount of compensation you are legally entitled to.Medical Malpractice CasesMedical malpractice cases involve healthcare providers who commit mistakes in treatment that cause harm. These errors can be simple or life-altering. Many of these errors can be avoided, but even the most competent doctors are susceptible to making mistakes. The most common causes of medical malpractice lawsuits include misdiagnosis or delayed diagnosis, childbirth-related injuries, surgical errors, medication errors, and anesthesia errors. Certain specialties in healthcare like OB/GYNs, and surgical specialties, are thought to be at risk for malpractice lawsuits.Some medical malpractice cases are so horrifying that they draw 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. Accident Injury Lawyers in Durham, North Carolina agreed to perform the surgery. The surgeons did not examine the donor’s type of blood was compatible with Jesica. Because of this, Jesica suffered from a myriad of complications such as hemolytic uremic disorder (HUS) as well as sepsis, renal failure and multiple organ transplant rejections.If a medical malpractice case establishes that a healthcare professional did not follow the standard of care and incurred damages the patient could be entitled to both economic and non-economic damages. Medical expenses and lost wages are economic damages. Non-economic damages can include discomfort and pain, as well as disfigurement. In addition, punitive damages are available in the event of an incident.Most physicians are required to maintain professional liability insurance, which mitigates the financial risk of malpractice claims. However, the cost of these policies can vary greatly and may be dependent on the area of practice of the doctor.In addition, some states have created alternative dispute resolution procedures to resolve malpractice claims. These processes usually replace jury trials by an arbitrator who reviews both sides’ arguments and then renders a final ruling.It is essential to consult with a seasoned lawyer regarding your medical malpractice case if you believe you have been harmed by a healthcare professional. A medical malpractice lawyer can guide you through the process to gather and review your medical records to determine if there is an actual malpractice claim. Sobo & Sobo has talented lawyers available in Middletown, Monticello, NYC, Newburgh, Spring Valley, Poughkeepsie and all of Orange County, NY.Statute of LimitationsEach state’s statute of limitations has its own rules and exceptions, and they vary based on the type of claim. Medical malpractice attorneys are familiar with the laws of every state and can help ensure that a lawsuit is filed within the timeframe allowed for a specific case.For example, in cases involving neurological injuries caused by birth the deadline for filing a lawsuit is generally two and two and a half years after the time the injury was discovered. However, the timeframe could be longer if there was ongoing treatment for the condition. In the case of wrongful death the law could differ.A complimentary consultation with a reputable attorney is the first step to filing a lawsuit for birth injuries. The lawyer will evaluate the case to determine if it is worth pursuing and, in the event that it is what steps to take. The lawyer will go through the medical records and consult medical experts to determine if doctors or other healthcare professionals behaved appropriately.A successful medical malpractice lawsuit generally includes an action for damages. The lawyer will collaborate with medical and financial experts to determine an appropriate amount to demand. In most cases, this will include the cost of ongoing treatments and treatment for the child who has been injured. Loss of enjoyment is another possible loss. This may be awarded when a child is unable in activities or enjoy activities they would have otherwise been able.The lawyers will then file the lawsuit in the appropriate court. The parents become plaintiffs and the doctors, hospitals and other healthcare providers are defendants. The legal process consists of hearings, discovery, and depositions. If the case is not settled during this process then a trial will be held. The judge or jury will then award the damages. The amount of damages could be substantial dependent on the strength and amount of evidence. The lawyers will try to negotiate the most favorable settlement for their clients. They will not accept any settlement offer that does not reflect the real worth of their client’s case.SettlementsIf you prevail in your claim, your attorney will help you recover the damages that are rightfully owed to you. The amount will be based on the injury and your particular requirements. Included in this amount is the cost of any future medical treatment as well as any loss of earnings or home modifications as well as continuing psychological or physical therapy. Your lawyer will consult with medical and financial experts to determine the proper amount.The first step is proving that a doctor violated their ethical standards during the birthing process of your child. This is often done by looking over hospital records and bills to identify the malpractice.Once this has been accomplished the attorney can then send a demand packet to the hospital’s or doctor’s malpractice insurer. This should include a letter describing the injury and how it affects you and your family, along with medical records and other documents. The insurance company will either accept or reject the demand, and then negotiate a settlement. If the insurance company refuses to provide a fair amount, your attorney can start an action.It is important to remember that the majority of medical malpractice cases, which includes birth injury cases, settle out of court. It is because doctors and hospital do not want to be associated with negative publicity in the event that they are found guilty of medical malpractice. The lawsuit process can be lengthy and requires a lot of discovery, but a seasoned birth injury lawyer will know how to gather and present the evidence that proves negligence occurred.Your attorney will also know how to handle any negotiations with the medical providers and their insurers. Insurance companies will use every trick to delay settlements and reduce the amount they have to pay. Your lawyer will be able to resist these pressure tactics, and will present a strong argument for you based on the facts.Certain victims may be eligible for enrollment in New York’s Medical Indemnity Fund, depending on the nature and severity of their injuries. This program will pay your children a portion of their expenses associated with the birth injury. If the injuries were serious, your attorney may recommend that you pursue an appeal to a jury and seek a greater amount of money than you would receive in an agreement.