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What are the steps in a birth injury case?

On Behalf of | Apr 30, 2023 | Birth Injuries

A birth injury can be an extremely traumatic event with both long and short-term repercussions for the victim. It is understandable that those impacted by birth injuries in California would be eager to seek legal restitution. Legal action can be particularly important for those whose injuries will cause them medical expenses and other out-of-pocket costs such as missed work.  

But, what are the exact steps when pursuing a medical malpractice case following a birth injury? While the specific steps may vary from case to case, this is what to expect in general: 

  1. Retaining legal counsel: A medical malpractice case is a major undertaking, so having the right attorney involved is a must.  
  2. Gathering evidence: Evidence can make or break a birth injury case. It is important to investigate all angles and gather documents like medical records (including those from throughout the pregnancy), hospital notes, and witness statements. 
  3. Settlement negotiations: Medical malpractice claims can end up in court, but this is a rarity. Most often, a settlement is reached before that point, with each party going back and forth regarding the claimed amount until an agreement is reached. 

In some cases, a settlement will not be possible. This can happen when the facts are in dispute, the idea of what is fair in terms of a settlement is not possible to agree upon, or the California statute of limitations is close at hand. While a lawyer is a helpful person to have on hand throughout the whole birth injury claim process, their services will be particularly critical to guide both the settlement and, if necessary, the lawsuit.