subject: 5 Steps Involved in a Birth Injury Lawsuit [print this page] 5 Steps Involved in a Birth Injury Lawsuit
If you or someone you know already suffering from this problem then there is a need to consult a skilled and professional birth injury attorney.
A birth injury attorney can easily handle all these situations and problems. He knows how to handle these issues in the right manner. Here are some of the following steps involved in this legal procedure.
1) Notification:
The first step is to 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 complainant and the accused handle the matter.
2) Discovery:
Second step is to collect evidence. The victim's side needs to give all medical and financial records as well as individual information to the other. An Independent Medical Examination, and in some cases an MRI, are done on the child. This is to hold your argues of the injury done to the child at the birth of your child.
3) Deposition:
Third step is to examine and cross-examination of individuals linked with the case. These include doctors, nurses, chemists, technicians, and all others who were involved in the delivery of the baby.
4) Negotiation:
There are so many cases in which a birth injury attorney tries for settlement among both the parties after the collection of the evidence. If this discussion reaches an appropriate agreement, there is no need to approach the court for a trial.
5) Trial:
If you are unable to get a fair and adequate settlement via negotiation, you need to go for for trial. At this phase, the birth injury attorney build ups the evidence and presents your side of the story at the court of law. He/she presents witnesses that bear the claim. Then the defense gets the chance to present their side. The jury reaches a decision after the end of the case.
It is essential to choose a best birth injury attorney because he knows all the complications and difficulties better than you. Knowledge about how birth injuries affect the newborn, and how these are connected to the error of the healthcare expert, are also compulsory for everyone.
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