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Birth Injury Lawsuit

Often parents of an injured child decide to sue a hospital, or more specifically a doctor, because they feel that some form of malpractice has taken place. In most cases these parents have no idea what they are getting into, nor do they understand fully what this type of lawsuit will entail. It is the job of the lawyer they hire to fill the parents in on what is about to take place and how much time and effort will be put into proving that these parents and the child in question was wronged due to some negligence on the part of the hospital or doctor. When a family decides to go forward with a brain injury lawsuit, they will need to hire an experienced lawyer that they feel confident in and one whom they feel can do the best job for them.

There is a procedure or system of steps that need to be followed when going forward with a brain injury lawsuit. Once a lawyer has been retained, the lawyer will then contact the insurer of the party in question. This could be the insurer of the hospital or the medical professional in question or to make sure that all bases are covered they could contact both. When this is first done, the lawyer of the injured party will demand money as compensation for the parents and the injured child. It is very rare that the insurer will agree to pay the money until some form of investigation has been performed. This is called the discovery stage of the lawsuit. It is appropriately named as it is in this stage that people are searching for information and are trying to discover who is in fault. It is during this stage that pictures will be taken of the child and medical records will be collected about the child. This is to ensure that the child does in fact suffer from a birth injury that could have been caused by negligence on the party of the doctor. It is also during this stage that the lawyer of the injured party will be consulting and hiring medical professionals outside of the hospital in question to examine the child and his or her medical records. The lawyers for both sides will want to question these experts.

This all seems fairly simple, but this stage can take a great deal of time. Collecting all the information needed can be a long and grueling task. The information explained below is just one side of the lawsuit. Everything that the lawyer of the injured party does you can be assured that the insurer will be doing the same to prove that the doctor or medical institution in question are proven innocent. The insurer will have a lawyer on staff that will also hire a series of medical professionals to conduct what is known as an Independent Medical Examination of the child in question. This is done so they can safely say that yes the child has suffered from a birth injury, but it was not caused by anything that the doctor or the hospital has done wrong. There are some instances when birth injuries just happen and nothing can be done to prevent them and it is the job of the hospital lawyer to prove that was the case.

After all information is collected and analyzed, both parties can do either one of two things. They can say that the doctor in question was negligent or he was not and the case can be settled that way. If both parties agree that negligence was the cause of the injury, then a settlement may be reached. However, if neither side can agree to the cause of the injury, then the case will go to court. Then a judge or jury will have to decide whether or not the doctor’s negligence was the cause of the injury.

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