subject: Steps involved in a Birth Injury lawsuit [print this page] Steps involved in a Birth Injury lawsuit
What is supposed to be the best time of your life may turn into a nightmare because of a medical malpractice! Yes, an injury to the newborn because of the negligence of a healthcare provider is under the category of medical malpractice. If you or someone in your family has encountered something similar, it is necessary to know the right approach. And who can be a better guide than a skilled birth injury lawyer.
Your lawyer is capable of handling the issue in the right manner. However, it is always of help if you have a clear idea about the steps involved in the legal procedure. Here is a comprehensive, concise guide to what happens if you choose to file a lawsuit against the one responsible for the injury.
Notification: You may file a lawsuit or notify the individual(s) responsible about your intention. This must be done with the help of a lawyer. The accused informs their medical malpractice insurer about the lawsuit and appoints a defense attorney to work on his/her behalf. After this, the legal professionals representing the accuser and the accused handle the matter.
Discovery: This is the phase of collection of evidence. Usually, the investigative teams working for the lawyers undertake this task. The victim's side needs to provide all medical and financial records as well as personal information to the other. An Independent Medical Examination, and in some cases an MRI, are done on the child. This is to support your claims of the damage done to the child at the time of birth.
Deposition: Examination of the circumstantial evidence is not the whole. Examination and cross-examination of individuals associated with the case is also part of the process. These include doctors, nurses, chemists, technicians, and all others who were involved in the delivery of the baby.
Negotiation: In most cases, your birth injury lawyer is capable of reaching a settlement after the collection of the evidence. His/her job involves evaluating the worth of the injury (taking into account the economic and non-economic losses), and discussing the matter with the insurance adjuster. If this discussion reaches a suitable agreement, there is no need to approach the court for a trial.
Trial: If you are unable to get a fair and adequate settlement via negotiation, you need to opt for trial. At this stage, the lawyer accumulates the evidence and presents your side of the story at the court of law. He/she presents witnesses that support the claim. Then the defense gets the opportunity to present their side. The jury reaches a verdict after the completion of the argument.
It is essential to choose a Chicago birth injury lawyer who knows all about the laws applicable. Knowledge about how birth injuries affect the newborn, and how these are related to the fault of the healthcare expert, are also necessary.
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