It is exciting to receive a baby, especially for the first time, because toddlers bring joy and bring people together to celebrate a new life. However, the birth process is quite challenging because severe injuries can occur that could adversely affect both the mother and the baby or cause life-long effects that are hard to reverse. Most birth injuries occur as a result of negligence by medical practitioners, so it is crucial to involve a tourney to help you seek justice.
When you hire a lawyer, they will investigate the case to gain a deep insight into how the events transpired and identify the multiple defendants involved. What comes next is developing legal theories based on different facts collected by the lawyer to establish causation. The legal expert will then file a complaint against the defendants and ensure you get the compensation you deserve.
The following guide will help you understand how birth injury attorneys handle complex cases involving various defendants:
How to Handle Birth Injury Cases Involving Multiple Defendants
Assessment and Investigation
When you hire a birth injury attorney, they will try to understand the incident by thoroughly investigating the circumstances. They will collect and review birth logs, medical records, and any documents related to the case that helps them understand the events that led to the injury and figure out who was responsible for the mess.
A case involving multiple defendants requires the lawyer to determine the parties liable for the injury. Different people in the medical industry, including nurses, hospitals, and obstetricians, could be involved. All these parties play a crucial role in the maternal home, and their roles must be clearly defined.
Developing Legal Theories and Strategies
During the assessment stage, the birth injury attorney collects facts and uses them to formulate legal theories for liability purposes against each defendant. Most facts include vicarious liability, negligence, product liability, and medical malpractice. In some cases, the hospital might be liable for the actions of the employees under the respondeat superior.
The birth injury attorney must prove that the defendant’s actions were not out of negligence but caused a direct injury. The lawyer should also quantify the damages by including medical expenses, loss of earning capabilities, and pain and suffering.
Birth Injury Attorney Litigation and Discovery Process
Once everything is ready, the legal expert will file a complaint against each defendant on your behalf. The complaint must be drafted with the specific legal grounds and allegations against all parties involved.
For the birth injury attorney to establish a robust case, they will have to gather sufficient evidence from the defendants and other parties. During the discovery phase, the lawyer will request the production of documents and handle depositions, interrogations, and subpoenas. When the case is complex, they will have to conduct complex discovery that involves large volumes of documents and interviewing numerous witnesses.
Managing Multiple Defendants
When dealing with multiple defendants, there is always a conflict of interest. For example, the doctor and the hospital might blame each other. The birth injury attorney should understand these dynamics, create defense strategies, and plan effectively.
Conclusion
Birth injury cases are common today, and hiring an experienced lawyer to handle them is crucial, especially if it involves multiple defendants. The lawyer will assess the case by conducting the necessary investigations and managing multiple defendants to avoid conflicts of interest.
Rockies Ripple is the founder and lead writer behind the independent blog tvplutos.com