How do I find out if my child has a medical malpractice case?
Medical malpractice cases involving brain
injury must be evaluated thoroughly before
any sound decision can be made on whether
to go forward. The first step in the evaluation
process is for the family to talk with an
attorney experienced in handling birth injury
cases about all of the pertinent facts,
including "who," "what,"
"when," and "where."
The next step, in determining whether or
you have a medical malpractice case, is
to obtain the medical records, including
the mother's pre-natal and labor and delivery
records, the fetal monitor strips, the baby's
newborn records, as well as any of the child's
subsequent medical, therapy, or school records
which may be available. In addition, copies
of imaging studies performed on the child,
including ultrasounds, CT scans, or MRIs
of the head should be obtained. Initially,
the medical malpractice attorney will look
at these materials. The depth of the review
will vary, depending upon the lawyer's medical
malpractice expertise.
The lawyer will then consult with medical
experts regarding the case. Depending upon
the issues involved, this may include an
obstetrician, perinatologist (a specialist
in high-risk obstetrics), pediatric neurologist,
neonatologist (pediatrician specializing
in newborn babies), or neuroradiologist
(a radiologist specializing in the brain).
After the experts have reviewed those portions
of the records that are pertinent to their
specialties, they will confer with the attorney
regarding their findings.
In the final step of the review process,
the attorney discusses the experts' findings
and makes recommendations as to whether
or not to proceed, depending on whether
or not the evidence indicates medical malpractice
caused the birth injury. The final decision,
of course, is the family's to make.
If you believe your child sustained a birth
injury due to inadequate medical care, please
contact the medical
malpractice lawyers of Kenneth M. Sigelman
& Associates .
Will I have to pay to hire a lawyer?
No attorney's fees are owed unless we
are successful in obtaining compensation
for your child's injuries. The attorney's
fees are based on a percentage of the total
recovery. Since birth injury cases are typically
brought while the injured parties are still
children, any attorney's fees charged must
be approved by the court in which the case
has been filed.
Medical Malpractice cases involving brain
injury are very expensive to pursue. The
costs of depositions, expert witnesses,
preparation of trial exhibits, and everything
needed to pursue a medical malpractice case
in the strongest, most effective way possible
can exceed $100,000. Because we accept only
those cases that we believe in strongly,
Kenneth M. Sigelman & Associates advances
these costs on behalf of our clients. The
costs are reimbursed out of the settlement
or judgment that we obtain on your behalf.
Our clients are not responsible for paying
back these costs unless and until a successful
result is obtained.
If you believe your child sustained a birth
injury due to inadequate medical care, please
contact the medical
malpractice attorneys of Kenneth M. Sigelman
& Associates .
Is there a time limit on bringing my child's medical malpractice case?
Yes. Each state, as well as the United
States (in cases involving the Federal Tort
Claims Act), has its own statute of limitations
pertaining to medical malpractice cases.
The limits vary widely from one state to
another, and may also be affected by whether
or not the defendant is a public entity
(whether city, county, state, the United
States, or even a hospital "district"
established by law).
The statute of limitations for medical
malpractice generally begins at the time
of the injurious incident, whether or not
the family was aware of it. Accordingly,
if you suspect that your child may have
been injured during the birth process as
a result of medical neglect, it is important
to begin your investigation into the circumstances
as soon as possible.
If you believe your child sustained a birth
injury due to inadequate medical care, please
contact the medical
malpractice lawyers of Kenneth M. Sigelman
& Associates .
My child will have lifelong injuries. How do we determine now what care he/she will need 10 or 20 years or longer in the future?
As your child's birth injury case goes forward, we continue to obtain the updated medical, therapy, and school records as they become available. We consult with appropriate experts, who may include pediatric physiatrists, pediatric neurologists, physical and occupational therapists, neuropsychologists, or life care planners to determine all of your child's future care needs. One or more of these professionals may be asked by us to evaluate your child for purposes of the case. This will not in any way interfere with the ongoing care that your child is receiving. The information obtained from the treating healthcare providers is furnished to our experts and constitutes an important part of their evaluation.
Based upon the medical records, and our experts' evaluations, we obtain projections for the future as to what care will be required, and whether your child's employment opportunities will be limited because of his/her birth injuries. An economist is then retained to calculate how much the future care will cost, and the amount of earnings that the child will lose in the future because of his/her disabilities.
The law does not require us to prove these
damages with "certainty." The
standard of proof in medical malpractice
cases is "reasonable probability."
Thus, the way this evidence is developed
is by looking carefully at the child's condition
and determining what most likely will happen
in the future.
If you believe your child sustained a birth
injury due to inadequate medical care, please
contact the medical
malpractice attorneys of Kenneth M. Sigelman
& Associates .
Will the case settle out of court?
Most medical malpractice cases involving
brain injury settle prior to trial. Some
cases do not settle and must proceed to
trial. We never know in advance which category
a given case will fall into. However, we
do know that, in order to settle cases favorably,
we must present a powerful, thoroughly prepared
case to the other side. Doctors, hospitals,
and their insurance companies will not settle
birth injury cases unless they believe that
they are at risk of losing the case if it
goes to trial.
Accordingly, Kenneth M. Sigelman &
Associates prepares every case as though
it is going to trial, but always attempts
to explore the possibility of out-of-court
settlements when it would be in the best
interests of our clients. If you believe
your child sustained a birth injury due
to inadequate medical care, please contact
the medical malpractice lawyers of Kenneth
M. Sigelman & Associates .
What factors are important in deciding which medical malpractice lawyer to choose?
Experience
Birth injury litigation is highly specialized. It is important that the attorney be experienced in handling all phases of birth injury litigation, from initial evaluation through and including trial by jury. In addition, a detailed fund of medical knowledge regarding cerebral palsy, Erb's palsy, Group-B strep, and other birth injuries is essential. This medical knowledge will enable the lawyer to select the best experts from the appropriate specialties, see through the "smoke screens" and, sometimes, outright medical fabrications offered by the other side, and prepare and present the case powerfully. The lawyer must also be completely familiar with the substantive law in this area, as well as the cutting edge techniques for effective case work-up, trial preparation, and courtroom presentation.
Results
The lawyer should have a proven track record
of personally litigating cases to a successful
conclusion.
Resources
The lawyer must have the ability and willingness
to spend the money required to hire all
of the experts, take all of the necessary
depositions, and obtain whatever anatomical
models, medical illustrations, or other
demonstrative evidence that may be needed.
These costs often exceed $100,000 in birth
injury cases.
Commitment
Last, but certainly not least, the lawyer
must have a passion for justice, and an
unwavering commitment to the child and family.
If you would like to contact Ken Sigelman
directly, please
click here.
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