For those with a newborn, it’s a time of celebration. However, because of certain unfortunate events, sometimes a child is born with a birth injury. Even though it is true that not all birth injuries are a direct result of medical malpractice, some are caused because of negligence on the part of the medical practitioner. If you are a new parent, and your child has sustained birth injuries, click here to learn your options.
What is an affidavit of merit?
As we are already aware, birth injury claims fall under the category of medical malpractice. So in these cases, the party that suffered losses has to file an affidavit of merit in the court. But what is it? It’s essentially a document that is signed by a medical expert. This affidavit of merit will typically state that the expert has gone through and reviewed the medical records, is well-versed in the domain of interest, and believes that the standard of care was not met during the delivery of the child.
What is discovery?
Once the lawsuit is filed, the discovery process will begin. During this process, both sides will gather evidence and can even request information from the other party. In addition, the lawyers can conduct depositions to collect testimonials from the witnesses.
What is settlement negotiation?
No one wants to take these matters to the court, and one would settle these matters outside. During settlements, the defendant party or their insurance will offer some compensation for settlement to the other party.
Note that the two may not always go for direct settlement and might agree on an alternative dispute resolution. Usually, your lawyer will walk you through the entire process.
Trial or post-trial
When you are not able to settle, you probably are thinking of taking the case to trial. However, once the case reaches this stage, you need to brace yourself because it will be very time consuming and won’t go easy on the pocket.
Sometimes one even appeals for a retrial if they feel like the jury committed an error in concluding.
Final thoughts:
We understand that it might be way too much to handle on your own, moreover, you should not be worrying about the legal process when you are going through such a personal loss in your life. Let a lawyer handle it for you, and rest assured that your rights will be safeguarded.
