Steps Involved In A Birth Injury Lawsuit  

        For any parent, especially the mother, the birth of a child is a momentous occasion. However, due to a doctor or medical personnel's negligence, this occasion can become a nightmare. If your newly born baby has been injured due to negligence of a doctor or health care provider, it is deemed as medical practice. In such a case you will require the services of an experienced birth injury lawyer.

        The lawyer should have the necessary skills to handle this matter correctly. He or she will manage all the legal procedures on your behalf, but it maybe of great help to understand all the steps involved in a birth injury lawsuit.

        The first step in the lawsuit is the notification. This is when a notice is sent to the concerned party or individual that you are intending to take the party or person to court. This notice is sent by your lawyer. On receiving the notice, the accused then approaches his or her medical malpractice insurance company and informs them of your intentions. The insurance company then appoints a lawyer to defend the accused. Thereafter, both the lawyers will be talking to each other to work out an amicable solution.

        The next step is known as the discovery step wherein efforts are made to collect the necessary evidence. This process is handled by investigators working for both lawyers. The onus of proving the injury through negligence falls on you. You will have to support your claim with correct medical records and expense statements. In addition, the newborn baby may have to undergo a medical examination through an independent third party to provide evidence that the baby sustained the injuries or injury during birth.

        Thereafter, there is the deposition. In this step, all the concerned parties are questioned lawyers from both sides. Anyone who was involved and present during the birth of the baby will be called to give evidence or for questioning.

        Once this is done, your lawyer will try and negotiate a compensation on your behalf. This is usually done when the evidence starts pointing towards negligence. The lawyer will be responsible for calculating the amount you should receive for the injury. It will include financial and non-financial losses. If the insurance company agrees to the figure, then there will be no need to take the case to court. Otherwise, the insurance company will give its own figure and ask your lawyer to accept it.

        In case your lawyer decides that the chances of getting higher compensation is possible by going to trial, he will reject the counter-offer made by the insurance company and the case will go to trial. During the trial, your lawyer will provide the court with evidence and witnesses to support your claim, while the defense lawyer will use the opportunity to present the medical personnel's side of the story. After listening to both sides, the jury will decide the verdict.





Steps Involved In A Birth Injury Lawsuit

2010 Legal News:

Consumer Law -- Where You May Lodge A Complaint

Consumer Law -- Where You May Lodge A Complaint      Usually you will be advised to get a lawyer to help you out with your consumer protection lawsuit. However, this is easier said than done, especially if you are the sole person and the amount involved is very low. In such a situation, you should be willing to file a complaint with the right authorities. More...




Home  • Bankruptcy Law   • Business Law  • Constitution Law • CopyRight Law   • Criminal LawEmployment Law   • Family Law   • Immigration Law   • Legal Dispute      • Malpractice   • Personal Injury   • Real Estate Law   • Tax Law   • Traffic Law   • Trust Law Legal News

Steps Involved In A Birth Injury Lawsuit )
Copyright © 2012, All Rights Reserved.