Birth Injury Attorneys - San Diego, California - Kenneth M. Sigelman & Associates
866.322.4424
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Kenneth M. Sigelman & Associates - Medical Malpractice Attorneys
1901 1st Ave., 2nd floor
San Diego, Californa 92101
Phone: 866.322.4424

 

 

 

 

 
 

Medical Malpractice Attorneys

Please click on a link below to read about pursuing a birth injury case. Information provided courtesy of Kenneth M. Sigelman & Associates.

 
How do I find out if my child has a case?
Will I have to pay to hire a lawyer?
Is there a time limit on bringing my child's case?
Will the case settle out of court?
What factors are important in deciding which lawyer to choose?

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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Has your child suffered from medical malpractice? Call our medical malpractice attorneys  today - 866.322.4424