Birth injuries due to medical malpractice occur when a doctor or any of the medical facility’s staff acts negligently and fails to follow the guidelines of standard medical care. Medical professionals’ negligence can lead to complications during pregnancy and serious physical and mental injuries after childbirth. This can be quite a devastating time for parents. In their plight, the affected parents might fail to recognize medical malpractice and fail to take legal action.
Parents might not have enough time to investigate. Moreover, they might be uncertain about the legalities involved. To help them, we at The Fitzgerald Law Firm have outlined 5 essential aspects of filing for a birth injury case. Read on:
Hiring a Medical Malpractice Lawyer
Although you can handle some aspects of the birth injury lawsuit, such as gathering medical records and talking to other medical specialists, it is always a good idea to hire professional help. This is because of complex legal procedures involved in birth injury cases. Professional trained attorneys, with experience in handling birth injury cases, can guide you throughout the process and keep you informed about relevant legal issues.
Beginning Preparations
Once you have hired a law professional, it is time to start preparing for the lawsuit. In cases of birth injuries, you will need to gather documents, such as records of hospital visits, billing invoices and statements and detailed information about insurance. Your attorney will guide you in the process.
Be cautious when talking to professionals, such as healthcare providers and insurance agents, who might get called into court proceedings later on.
Filing Complaint
The complaint or petition is a legal document that is filed with the Clerk of Court in relevant jurisdiction. It comprises of crucial aspects of the lawsuit, such as legal claims, basis of the case, information about all the parties involved and other relevant facts. Finally, there is a prayer for relief which implies that you, the plaintiff, would want the case to go in your favor.
Sending Summons
Summons is a legal document that notifies the defendant party that they are being sued. Delivering the summons is court’s responsibility. The court allows some time to the defendant to prepare for their defense.
Entering the Legal Process
After the summons has been delivered, it’s time to gather legal evidences. This process would include conducting interviews, convincing eye witnesses to appear in court, and answering counterclaims and requests made by the defendant. It is very important that you work in collaboration with your attorney and inform him/her about any documents or requests you receive from concerned parties.
The Fitzgerald Law Firm, a reliable medical negligence law firm, comprises a team of medical malpractice lawyers in New York. With incredible expertise in birth injury cases, we have achieved remarkable success over the years.