You could be entitled to compensation if your child was injured during birth due to medical negligence. Consult an experienced birth injury lawyer near me injury as the first step.
They will examine your case to determine if there's enough evidence to support the suit. They will then gather medical documents and expert testimony to make an argument that is convincing for you.
Birth Trauma Cases
The US is a medically advanced nation however, the number of fatal and serious injuries to infants is alarming. These injuries could have lifelong repercussions, including developmental delays, physical disabilities as well as mental illness. When medical negligence causes these injuries, families deserve compensation to enable them to live their lives to the fullest extent possible.
Our experienced team of birth trauma lawyers can assist you to build a strong case in order to be compensated for the damages you're entitled to. We will take your child's records, collaborate with experts to determine the circumstances that led to the incident, and what caused it. We will then make claims and discuss with insurance companies to resolve your claim.
In many cases, the extent of a child's injury is not discovered until later on in life. In these cases, victims of birth injuries may be asked to dismiss their claims based on the fact that the injury lawyers was not discovered earlier or that the statute of limitations has expired. Our firm has successfully fought against these tactics in the past, securing millions of dollars in settlements for the victims and their families.
We will first meet with you to discuss your case in person and decide whether it's merits. We will collect the relevant medical records, and depose witnesses who can give statements under oath that can support your case. We will also speak with your child, if possible to understand their perspective on the effects of the injury.
We will deliver an order package that contains details about your child's injuries and their impact on their quality of life to the hospital and doctors involved in the case. We will work with the medical professionals' malpractice insurers to address any claim denials and negotiate a settlement for your claim. If a settlement is not reached then we will prepare to go to trial and employ experts to support your claim. We will pursue the maximum compensation that you are legally entitled to.
Medical Malpractice Cases
Medical malpractice cases involve healthcare providers who commit mistakes during treatment that cause harm. These mistakes can be minor or life-altering. A lot of these mistakes are preventable however even the most experienced doctors make mistakes. The most frequent causes of medical malpractice lawsuits are misdiagnosis, or a delayed diagnosis, injuries resulting from childbirth mistakes in surgery, medication errors, and anesthesia errors. Certain specialties in healthcare are thought to be to be at risk for malpractice lawsuits including OB/GYN and surgical specialties.
Some medical malpractice cases are so horrific that they attract national attention. CBS News, for example, reported on the case that involved a Mexican girl named Jesica Santillan who was seventeen years old and 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 ensure that the blood type of the donor was compatible with Jesica's. This is why she suffered from a variety of complications that included hemolytic uremic syndrome (HUS) as well as 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 may include medical expenses and lost wages. Non-economic damages include pain and suffering, and disfigurement. Punitive damages can also be obtained dependent on the circumstances.
Most doctors are required to carry professional liability insurance. This reduces the risk of financial loss in the case of malpractice claims. However the price of these policies differs widely and can be contingent on the area of practice of the doctor.
Additionally, certain states have also established alternative dispute resolution programs to settle malpractice claims. These procedures typically replace a jury trial with an arbitrator who hears both sides' evidence and then makes a final decision.
It is essential to speak with an experienced lawyer regarding your medical malpractice case if believe you have been harmed by a healthcare provider. A medical malpractice lawyer will help you through the process to take a look at and review your medical records to determine if there is an appropriate 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 has its own rules, exceptions and limitations. They differ depending on the nature and amount of the claim. Medical malpractice lawyers For injurys near me are familiar with the laws of each state and will help ensure that a lawsuit is filed within the time frame permitted for a particular case.
For example in cases involving birth-related neurological injuries the deadline to file a lawsuit is usually two and one-half years from the time the injury was discovered. The timeframe can be extended if the condition was treated for a long time. The laws could be different in cases of wrongful deaths.
The first step in a birth injury lawyers near me lawsuit is to get a free consultation with an experienced attorney. The lawyer will evaluate the claim to determine if it's worth pursuing, and in the event that it is, what you should do. The lawyer will go through the medical records and consult with medical experts to determine if doctors or other healthcare professionals behaved properly.
A successful medical malpractice lawsuit usually includes the possibility of claiming damages. The lawyer will consult with medical and financial experts in order to determine the right amount. These include the cost of ongoing treatment and care for the child. Loss of enjoyment is another possible injury. This may be awarded when a child is unable to participate in activities or take part in activities they would have otherwise been able.
The lawyers will then file the lawsuit with the appropriate court. The parents become plaintiffs and the doctors, hospitals and other healthcare providers become defendants. The legal process will entail a number of hearings and discovery sessions, during which parties discuss information and depositions. If the case is not settled during the process it will go to trial. The damages will be determined by the judge or jury. Based on the strength of the evidence, damages could be substantial. They will do all they can to secure the best injury lawyer near me settlement for their client. They will not accept any settlement offer that doesn't reflect the actual value of their client's situation.
Settlements
If you prevail in your case, your lawyer will help you recover the damages that are rightfully owed to you. The amount depends on the nature of your injury, as well as your needs. Included in this amount 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 an appropriate amount to seek.
The first step is to prove that a doctor did not adhere to their standards of care when your child was born. This is often accomplished by reviewing hospital documents and bills to determine mistakes.
After this has been completed the attorney can then submit a demand package to the hospital's or doctor's malpractice insurer. The package will contain a written statement explaining the injury and its impact on your family as along with medical records and other documents. The insurance company will then accept or deny the demand and negotiate an agreement. If the insurance company refuses to provide a fair amount, your attorney may start an action.
It is important to know that the majority of medical malpractice cases, such as birth injury claims, are settled outside of court. This is because hospitals and doctors do not want negative publicity when they are discovered to have made medical errors. The lawsuit process can be lengthy and requires a lot of discovery, but an experienced birth injury lawyer knows how to gather and present the evidence in your case that proves negligence took place.
Your attorney will be able to manage any negotiations with medical providers and their insurance companies. Insurance companies will employ various tricks to delay a settlement, and even reduce the amount they are required to pay. Your lawyer will be able to stop these tactics and will be able to present a convincing argument based on the facts.
Based on the type of injury, some victims may qualify to enroll in the New York's Medical Indemnity Fund. This program will pay your children the cost associated with the birth injury. If the injuries were serious however your lawyer might suggest pursuing an appeal before an jury and seek more than you would receive in a settlement.
