How Can I Afford the Future Medical Care My Child Needs?
How Can I Get My Child the Best Medical Care When I Can’t Afford It?
Traumatic birth injuries and other serious injuries to children caused by negligence are devastating for both children and their families. Parents are often left wondering how they will be able to afford the best medical care for their child. Injured babies and children deserve the best care. But while they might qualify for Medicaid, Medicare, or Social Security disability, these public benefits programs are fraught with problems and do not provide the best care to injured babies and children. Parents might have private insurance that allows for better care than public benefits, but insurance might be lost if a parent loses their job. And even private insurance does not need to cover the entire cost or care and may not cover all of the therapies, treatments, or equipment that a parent wants to provide for their child.
That leaves many parents asking, “How can I afford the best medical care for my child?”
The goal of a medical malpractice lawsuit is to put the injured person in the position they would have been in but for the negligence. Unfortunately, no lawsuit can heal a permanent injury. But parents can recover money to pay for care, therapies, and equipment that insurance and public assistance does not cover through winning a medical malpractice/birth injury case.
How Do Medical Malpractice Cases for Birth Injuries Work?
Our experienced birth injury lawyers wrote a very detailed guide to Birth Injury Lawsuits in Michigan. Here is a brief overview of what you can expect in a Michigan medical malpractice lawsuit for a birth injury:
- Free initial case review: Every case starts with a free case review. You can complete our online form, email us, or call. We need a summary of what happened. We have been birth injury lawyers in Michigan for a long time, so sometimes we know right away if we will not be able to help you. If we think we might be able to help you, we will start investigating your case.
- Investigation: Our investigation starts by obtaining your and your baby’s complete medical record. This includes prenatal records, hospital records, and any records of aftercare. Once we have reviewed the records, if we think there may be a case, we will send the records for review by an expert. If the expert is supportive, we will commence the lawsuit by sending a Notice of Intent or trying to settle the case pre-suit.
- Notice of Intent: Many states have enacted certain pre-suit requirements, including Michigan. In Michigan medical malpractice cases, we must send a “Notice of Intent” to every healthcare provider and facility that we intend to sue. This is nothing more than a summary of the basis of the lawsuit. Unfortunately, we must then wait 182 days until we actually file suit. (If you think this requirement is ridiculous, like we do, we encourage you to contact your local government representative.)
- Pre-suit Settlement: Our extensive experience with pediatric malpractice and birth injury cases allows us to identify cases that can be settled without filing a lawsuit. We will let you know if we think your case can be settled pre-suit. if so, we work directly with the hospital or insurance company to try to resolve your case without litigation.
- The Lawsuit: Litigation is a slow process. We file the medical malpractice complaint, then the defendants have time to file an answer. Those are called “pleadings.” Next, we generally exchange written discovery, which is where we send questions back and forth and exchange documents. After that, months are spent in depositions. You and close family members are usually deposed first, then the defendants, than other fact witnesses, and then experts. “Motions,” which is a fancy name for something filed with the court to ask the judge for a ruling, are filed both during and after discovery. A case can be settled any time, but the most common time is after depositions are done.
- Settlement or Trial: Most cases settle. This is particularly true with Hoffer & Sheremet, PLC, because we vet our cases well. However, if a case cannot be settled for a reasonable amount, then we go to trial.
- Appeal: It seems like trial should be the end of a case. But it’s not. After trial, the losing side can appeal the verdict and any decision that the judge made in the case that could have affected the outcome. Appeals take years. And depending on the ruling, the appellate court may require that a new trial occur (after which there can be another appeal).
How Much Does It Cost to Sue for Medical Malpractice?
You do not need to pay anything to pursue a medical malpractice case for your child. Our expert lawyers for birth injuries work on a contingent fee basis, and we advance all expert witness fees and litigation expenses (these can easily exceed $100,000 in birth injury lawsuits, especially cerebral palsy cases). At the end of the case, we are reimbursed for the costs and receive our attorney fee from the recovery.
Why Choose Our Michigan Medical Malpractice Lawyers?
The Hoffer & Sheremet team is committed to providing compassionate and effective legal representation. Our attorneys have a deep understanding of both medical procedures and legal strategies. We use this expertise to build strong cases and advocate fiercely on behalf of our clients.
- Experienced Attorneys: Our team has extensive experience handling medical malpractice cases, particularly those involving birth injuries or serious injuries to children or parents.
- Personalized Attention: We only accept a few cases each year. This lets us treat each case with the attention and care it deserves, ensuring that you receive personalized support throughout the legal process.
- Proven Track Record as the Best Medical Malpractice Lawyers in Michigan: We have a history of successfully securing favorable outcomes for our clients, including significant settlements and verdicts. We are careful about the cases we take and have (we believe) the highest percentage recovery rate of any medical malpractice law firm in Michigan. In fact, in the history of our firm, we have only lost one case – every other case we have either settled or won at trial. We also have an exceptionally high rate of settling cases without even needing to file a lawsuit.
What to Do If You Suspect Malpractice
If you believe that you or a loved one has been a victim of medical malpractice, it’s important to:
- Document Everything: Keep records of medical treatments, hospital stays, and any symptoms or complications.
- Seek a Second Opinion: Consult with another medical professional to assess the situation and confirm any potential issues.
- Contact Us: Reach out to our office for a confidential consultation. We will review your case and discuss your legal options.
Contact Us Today
Don’t wait to get the justice you deserve. Contact us today for a free consultation. Our skilled attorneys are here to help you navigate the complexities of a medical malpractice claim and work tirelessly to achieve the best possible outcome for you and your family.