Frequently Asked Questions
Watching your preemie suddenly become very sick from Necrotizing Enterocolitis is a disorienting and frustrating experience, especially as many families are left struggling to find answers to a number of different questions they have about their legal rights and options in this situation. At Levin, Rojas, Camassar, and Reck, LLC, our staff understands just how much an injury can impact your family’s life and, as such, want to help you find the answers and guidance that you need. That’s why we have put together the following collection of questions our clients frequently ask us, along with their answers, in order to help you get the information you need, when you need it.
If you can’t the answers you need or if you would prefer to speak directly with a member of our legal staff, contact our offices today by calling (860) 535-4040.
Can I file a lawsuit long after my baby was injured by cow's milk-based formulas or fortifiers?
In all states, there is a limit on how long after an injury you can file a claim. This limit is called the statute of limitations, and it varies by state. This means that you have a limited number of time after an injury to file your claim against the person or entity that injured you. However, some exceptions might be made in cases where the symptoms or signs of injury did not occur until long after an injury, such as brain damage or other injuries. The best way to know your options is to talk with an experienced legal representative about your situation.
What is the statute of limitations?
The statute of limitations is a term in law that refers to the limited amount of time in which a litigant can bring forward a claim for damages. Typically, statutes of limitations for personal injury cases are only a few years in length, and the amount of time available to file certain claims, like medical malpractice, can be even shorter. After the time period allotted in the statute of limitations has passed, an injury victim may no longer have the ability to file a claim for compensation.
When should I file a lawsuit?
Other than the legal constraints that require an injured individual to file a claim within the statute of limitations or otherwise face their claim becoming invalid, there aren’t set rules regarding when a person must file an injury claim. However, it may be beneficial for an injured claimant to file their personal injury lawsuit as quickly as possible. This can provide the claimant and their legal counsel with an opportunity to obtain evidence soon after the incident, as well as cut down on the amount of time a defendant may have to plan their defense.
If you’re thinking about filing a lawsuit against the person or group responsible for your child’s injuries, a lawyer from Levin, Rojas, Camassar, and Reck, LLC can help you understand your legal options and may be able to represent you. To get your questions answered or concerns addressed before filing a claim in your state, call (860) 535-4040.
If my preemie was already doing poorly before the NEC occurred and their pre-existing medical conditions became worse, can I still sue?
Yes. A claimant is entitled to sue for injuries caused by an accident, even if they were in the process of recovering from pre-existing injuries. Although a claimant may need to take special care to provide evidence for injuries that occurred after the incident, they can still pursue a claim. In addition to new injuries, any pre-existing injuries that may have been noticeably worsened by an incident may also be grounds for taking legal action.
If your preemie was in the NICU, and their conditions worsened as a result of contracting NEC from cow’s milk-based formulas or fortifiers, and you have questions or concerns about the legal options available to you, a lawyer from the Levin, Rojas, Camassar, and Reck, LLC can help you find the information you’re looking for. To learn more about filing a personal injury lawsuit in your state, get in touch today by calling (860) 535-4040.
Is misdiagnosis always considered medical malpractice?
Not always. Medical malpractice is defined as a deviation from what is considered the basic standards of practice. This means that medical malpractice only occurs when a physician either makes a decision that is notably unreasonable or unusual, leading to a patient’s injury, or makes an egregious mistake that causes undue harm to the patient. Although misdiagnosis is often a form of malpractice, a doctor can be absolved of this mistake in cases where the condition was difficult to diagnose or not readily apparent even to physicians adhering to the basic standards of practice.
If your child has been injured because of a doctor’s dangerous mistakes, you may be eligible to pursue compensation from that physician. For more information about how to prepare a medical malpractice claim in your state, contact a lawyer from Levin, Rojas, Camassar, and Reck, LLC today at (860) 535-4040.
What is informed consent?
Prior to administering certain treatments, such as invasive surgical procedures, doctors are sometimes required to obtain informed consent, which is a patient’s signed agreement to undergo the treatment. In particular, informed consent is required whenever a patient is undergoing a potentially risky treatment or one that could cause harm; however, it is typically up to the doctor’s judgment whether informed consent is needed in a situation.
Despite strong science and data that suggests Baby Formula causes NEC and other injuries in premature infants, Baby Formula manufacturers do not require informed consent prior to providing your child with their products. Additionally, most hospitals do not require informed consent before feeding your preemie cow’s milk-based products.
If you or your child has suffered physically, emotionally, or financially because of a doctor failing to appropriately obtain informed consent before feeding your premature infant cow’s milk-based formula or fortifier, it may be possible to hold that medical professional accountable in a medical malpractice claim. To discuss your options for filing a medical malpractice lawsuit in your state, contact an attorney from Levin, Rojas, Camassar, and Reck, LLC. today at (860) 535-4040.
Who is liable for my child's injury?
Baby formula cases are often more complicated than a simple situation in which one person is clearly responsible for another person’s injuries. In fact, a wide range of different groups or individuals may be held partially or fully liable for an injury. Doctors, product manufacturers, and many others may all be to blame for an injury’s occurrence.
To learn more about who may be liable for your child’s injury, please contact Levin, Rojas, Camassar, and Reck, LLC at (860) 535-4040 today to speak with an attorney about your case and find out what we may be able to do for you.
What is negligence, and how important for my case is it to prove negligence?
Negligence is the fundamental legal basis for a personal injury claim, and it plays an essential role in determining whether an injury victim will be able to receive compensation and how much compensation they may receive. It also provides the moral basis for an injury claim, demonstrating that the victim suffered because of the irresponsible conduct of the responsible party.
Particularly in cases in which an injury claim goes to trial, it is extremely important to be able to show that the negligent conduct of the defendant or defendants was responsible for the injuries that occurred. Jurors need to be able to understand that a wrong was clearly committed, and the demonstration of negligence as a factor in causing the injury can help to convince jurors of the importance and necessity of compensation for the injury victim.
In order to be able to effectively demonstrate negligence, it is important to document everything relating to the injury and to have legal counsel from the very beginning. As parents you should:
Get a lawyer
Refrain from speaking about the case to others
Be completely forthright with your attorney and convey everything that can be recalled
Understand what you are trying to achieve in this situation
If you would like to learn more about negligence and the role it plays in your case, please contact Levin, Rojas, Camassar, and Reck, LLC. today at (860) 535-4040.
What is the most important thing for me to do after my child's injury?
Get good quality medical care, don’t speak with insurance adjusters, and obtain prompt legal guidance. If you would like to learn more about what you should do following your child’s injury, contact an attorney at Levin, Rojas, Camassar, and Reck, LLC. today by calling our office at (860) 535-4040.
What can I expect if I want to file a claim?
Once you have reached out to us, whether by email, by submitting a response online, or by phone, we will try to set up a phone conference with you. Either one of our attorneys, or one of the experienced professionals at SLP will call you. We will want to get a good understanding of your baby’s treatment during this initial phone call, so it’s a good idea to write down all that you remember beforehand, so that you can feel prepared to discuss it.
After that, our staff at SLP will be sending you a welcome packet with important information, a detailed questionnaire, and some forms for you to sign. It’s important that you complete these forms and mail them back to us as soon as you can, so that we can order your medical records and our attorneys can begin working on your potential case.
These are just the very first steps if you would like to try to file a claim on behalf of your child. If you ever have any questions or concerns throughout the process of your case, please feel free to reach out to one of our attorneys. Our staff at Levin, Rojas, Cammasar, and Reck, LLC is dedicated to helping you feel informed and empowered throughout the course of your baby’s case.
Who is SLP and how will they help me with my case?
SLP, or Strategic Litigation Partners, is a litigation support firm that specializes in obtaining and analyzing medical records from you and your baby’s treating providers. After you contact us, they will reach out to you via phone, text, and/or email to ask you some questions about your potential case.
Once they’ve talked to you about your child’s medical treatment, they will order medical records on your behalf. Their nurses will review the medical records to assist us in understanding and extrapolating relevant information from your baby’s medical records.
SLP may contact you from time-to-time when necessary. They may contact you via email, text, phone or mail, and will keep your information confidential. It is very important for you to respond timely and to cooperate with SLP to provide needed information so that we can most effectively represent you in this matter.
If you have any questions about the role SLP plays in helping our attorneys with your case, please feel free to reach out to our firm at (860) 535-4040.
Can I represent myself during a case?
Self-representation is possible, but it’s usually not advised. This is due to two major factors: a lack of knowledge regarding the legal system and pertinent laws and a lack of time to deal with the many legal requirements. A lawyer can handle many of the documents and appearances or meetings that are required for personal injury claims, in addition to having an in-depth knowledge of the laws relevant to your case.
We are the first firm in the country to begin targeting baby formula manufacturers for their role in causing NEC in premature infants. Find out how we can help you through this process by calling (860) 535-4040.
Do I really need a lawyer?
There aren’t any legal requirements stating that a claimant must have an attorney represent them, but having the legal guidance and advice that a lawyer provides can be critical in getting the compensation a victim needs. Attorneys can provide much-needed assistance throughout the process, from working on paperwork and meeting crucial deadlines to providing representation in hearings and other formal meetings. Considering how complex these cases can become, a claimant may want to think carefully about whether they choose to proceed with or without the experience and knowledge a professional can provide.
If your premature infant suffered injuries as a result of being fed cow’s milk-based formulas or fortifiers and you are considering filing a lawsuit, our legal team at Levin, Rojas, Camassar, and Reck, LLC may be able to help you. To learn more about what to expect when you file a claim and how a lawyer can be invaluable, call (860) 535-4040.
How do I know if an attorney is the “right fit” for me?
It may take some trial and error, but typically you want to find an attorney that suits your personality and also is willing to consider your case as a top priority. Largely, such things can be determined in an initial meeting, where you should feel free to ask questions about things such as the attorney’s fees, the experience of the attorney, his or her availability, and their expectations of you.
If your child has suffered injuries due to exposure to cow’s milk-based formulas and fortifiers in the NICU, get in touch with an attorney from Levin, Rojas, Camassar, and Reck, LLC. We can answer any questions you have and help you understand your options when you call (860) 535-4040.
What questions should I ask a potential attorney in our first meeting?
The initial meeting with an attorney is a vital one, as it not only allows you to determine whether the attorney is right for you, but it will also set the tone for your relationship for the duration of your case. Though you may have dozens of specific questions, sometimes it’s best to start with a few basic ones to gauge an attorney’s fit, including:
- How much do you charge? Do your fees ever change?
- Have you won cases like mine in the past? How many?
- Will I be able to easily contact you during the case? How?
These basic questions tell you a little about an attorney, the firm, and the ease with which you can talk to and work with him or her.
Am I allowed to switch law firms during a personal injury case?
If a claimant in a personal injury case doesn’t feel that his or her legal representation is providing adequate legal assistance, the individual may opt to work with another firm. Similarly, if a claimant is dropped by a legal firm for whatever reason, he or she may choose to continue the case with the help of another law firm. However, there are certain steps that must be taken to ensure that this changeover is performed correctly and successfully.
At Levin, Rojas, Camassar, and Reck, LLC., we strive to provide our clients with the highest-quality legal assistance in NEC/Baby Formula cases. If you’re searching for a new legal advisor to help you with your child’s NEC case, contact our offices today by calling (860) 535-4040.
How long will it take to settle my case?
There is some variability here, and not all cases necessarily settle, but generally it is necessary for your child to have completed medical treatment and reached a point in time when the full magnitude of the injury’s impact personally, professionally, medically and economically can be understood. Also, that the future implications of the injury are ascertained and projected as well. With more severe injuries it often takes longer for all this to occur. Smaller injuries with no permanent repercussions can obviously be dealt with in a more expeditious manner.
For more information about how long it may take to settle your case, please contact an attorney at the Law Offices of Paul Levin today by calling our offices at (860) 535-4040.
How much can I expect from a settlement?
Paul’s answer: This needs some planning and coordination to accomplish. Quicker settlements are often at lower than full value. Additionally, increased risk of closing a claim before medical treatment is completed. This topic is too complicated to explain in this forum. You can contact our firm privately to discuss if you wish.
How much compensation am I entitled to receive?
If your child developed NEC after being fed with cow’s milk-based formulas or fortifiers in the NICU, it is possible that you may be entitled to receive compensation for a wide range of different losses. Loss of income as a result of time spent away from work recovering from the injury, costly medical bills, and emotional and psychological trauma are all factors for which an individual may be eligible to receive compensation.
If you would like to learn more about how much compensation you may be entitled to receive, contact the Law Offices of Paul Levin today by calling (860) 535-4040.
How will I be paid if my claim is successful?
Typically, a plaintiff in a personal injury case will be awarded damages in a lump sum, unless they exceed $200,000. These payments are provided in full, paying the complete compensation sum at once. However, for any compensation over $200,000, a plaintiff and defendant can work out an agreement in which the plaintiff is awarded damages through a structured settlement. These payments occur over regular intervals until the full amount of compensation is provided to the claimant.
A child’s injury caused by someone else’s negligence may leave you with immense financial burdens and questions about what kind of action to take next. Our lawyers at Levin, Rojas, Camassar, and Reck, LLC can help you sift through your options for filing a claim in your state. To learn more about this process and whether you are eligible to file a personal injury lawsuit, call (860) 535-4040 today.
If I'm not happy with the compensation I receive, can I sue again?
Once a claimant receives compensation for their claim, whether through a court award or through a settlement, they can no longer make claims for those particular injuries or that accident. They cannot file another lawsuit against the same defendant for the same injury. This is why it’s so important for claimants to make sure all components of the accident and their injuries are considered when making an initial claim.
If your child has been injured because of exposure to cow’s milk-based formulas or fortifiers in the NICU and you are considering legal action in Connecticut, our legal team at Levin, Rojas, Camassar, and Reck, LLC. may be able to help you through the process of filing a personal injury claim. For more information about personal injury lawsuits and financial compensation, call us at (860) 535-4040.
If I can just pay for damages myself, should I even seek compensation?
Some people have the financial means to pay for the costs, such as nursing care or medical expenses, their child has incurred as a result of developing NEC. However, it should be the negligent parties’ responsibility to pay for these expenses, even if you can. Filing a claim is not as disruptive as many people believe, especially when you have a legal representative fighting for your interests. An experienced attorney in your state can talk with you about your legal options in this situation and help you decide the best action to take.
What are punitive damages?
Punitive damages are sometimes awarded to a plaintiff in addition to actual damages that the defendant caused. Punitive damages are not awarded in the context of a breach of duty or contract, as their purpose is to punish a defendant when their actions are found to be exceptionally reckless or harmful. Punitive damages are usually awarded in cases where the defendant acted maliciously, intentionally, or with complete disregard for the rights of the plaintiff.
Wrongdoing that justifies punitive damages will vary from case to case. If your premature infant has sustained damages because of someone else’s extreme negligence, our attorneys at Levin, Rojas, Camassar, and Reck, LLC can help you understand if you may be eligible to pursue punitive damages. Call (860) 535-4040 today to discuss your case.
What's the biggest mistake people make when it comes to personal injuries?
The worst thing a person who has been injured by another person’s actions is taking no action at all. Although you may initially believe that your child wasn’t harmed by cow’s milk based formula or fortifiers or think that you have no grounds for a case, this not always the case. There is no harm in initially consulting with an attorney, but a great deal in failing to do so.
At Levin, Rojas, Camassar, and Reck, LLC, our team of attorneys strongly believe in holding Baby Formula manufacturers accountable for their role in causing NEC in premature infants. Call (860) 535-4040 if your child has been injured due to exposure to cow’s milk-based formula or fortifier in the NICU to explore your legal options and find out how we can help.