Filing an Erb’s palsy lawsuit can help you seek justice for your child’s injury and secure compensation to cover medical care and related expenses. Here is a step-by-step guide to help you navigate the process of filing an Erb’s palsy lawsuit.
1. Consult with a Specialized Attorney
The first and most important step is to consult with an attorney who specializes in medical malpractice and birth injury cases. They will assess your situation, provide legal advice, and help determine if you have a viable case.
Steps:
- Research and select an attorney experienced in birth injury cases.
- Schedule an initial consultation to discuss your case.
- Provide all relevant medical records for review.
2. Obtain Medical Records
Your attorney will request and review all necessary medical records related to the pregnancy, delivery, and postnatal care. These records will help establish whether medical negligence occurred during delivery, resulting in Erb’s palsy.
Steps:
- Gather medical records from hospitals, doctors, and specialists involved in the delivery.
- Review records for any signs of improper care or failure to act during the delivery process.
3. Hire Medical Experts for Evaluation
Medical experts play a key role in determining if the healthcare provider’s negligence caused the injury. Your attorney will consult with these experts to evaluate the care provided during delivery.
Steps:
- Work with medical experts to review records and provide professional opinions.
- Ensure that expert testimony supports the claim of medical negligence.
4. File the Lawsuit
Once the necessary evidence is collected, your attorney will file the lawsuit on your behalf. This includes drafting a formal complaint that outlines the specific allegations of negligence and the damages being sought.
Steps:
- Draft and file the formal complaint in the appropriate court.
- Ensure all deadlines and legal requirements are met when submitting the paperwork.
5. Enter the Discovery Phase
The discovery phase involves both parties exchanging information, including depositions, interrogatories, and document requests. Your attorney will work to uncover additional evidence that supports your case.
Steps:
- Participate in depositions and answer interrogatories as needed.
- Review any new evidence that emerges during discovery.
6. Negotiate a Settlement or Go to Trial
In many cases, the defense may offer a settlement to avoid going to trial. Your attorney will negotiate on your behalf to secure fair compensation. If a settlement cannot be reached, the case will proceed to trial, where a judge or jury will decide the outcome.
Steps:
- Evaluate settlement offers with your attorney to determine if they cover all costs.
- Prepare for trial if no fair settlement is reached.
Filing an Erb’s palsy lawsuit involves several critical steps, from consulting with a specialized erb’s palsy attorney to gathering medical evidence and negotiating settlements. To ensure the best outcome, work closely with your attorney throughout the process. Contact Ask the Law Doc for expert legal assistance and support in handling your Erb’s palsy lawsuit.