For all parents, the birth of a baby is the best time of their life, but this may become a nightmare due to medical malpractice. If a doctor or physician does not use medical equipment during delivery properly, or if he or she does not be careful during delivery, the baby may suffer an injury. This comes under medical negligence. Now, if you or your loved is facing a similar case, it is important to get the services of a birth injury attorney in California.
A lawyer has been trained to handle these types of issues. However, you should also be familiar with the basic steps you may need to take in such a situation. Given below are a few tips for you to consider when filing a case in case of a birth injury in Sacramento California.
First of all, you should inform the responsible authority that you are going to file a case. In order to do this the right way, you should get a lawyer in California. The defendant will most likely appoint a lawyer in order to defend the case. Now, both of the lawyers will negotiate without taking the matter to the court. If the negotiation end up successfully, then there will be no need to turn to the court. The defendant will pay you compensation for the injury. However, if the defendant does not agree to settle out of court, then you need to take further steps.
Your lawyer will collect important evidence. Normally, the investigation team of the lawyer carries out this task. Your lawyer will have to provide financial and medical records to the defendant’s lawyer. In some cases, IME or MRI examination is done on the infant. The purpose of these tests is to prove that the baby really sustained the injuries.
Here it is important to note that the cross-examination is also important apart from circumstantial evidence. This involves nurses, doctors, technicians, chemists and other who were present at the time of delivery.
Once your lawyer has collected important evidence, your lawyer will try to reach a settlement. This involves the evaluation of the worth of the injuries in monetary value. This will include economic as well as non-economic loss. Your attorney will discuss the case with the provider of insurance. In most cases, settlement is made out of court.
If your lawyer fails to reach a fair settlement through negotiation, the you will have to go for a trial. This means the case will be taken to the court and evidence will be presented before the judge. Once the lawyer has disclosed everything before the judge, the jury will announce its verdict. If you win, the court will award compensation to you. This means the defendant will have to pay compensation to the plaintiff.
The crux of the matter is that you must choose an experienced birth injury lawyer who is capable enough to handle your case expertly. Hope you will find this article helpful in such cases.