If your child was born with Erb’s palsy, you might be wondering about your legal options. Erb’s palsy is a birth injury that can occur when the baby’s shoulder gets stuck during delivery, which can cause damage to the nerves in the arm.
If you believe that your child’s Erb’s palsy was caused by medical negligence, you may be able to file a lawsuit against the doctor or hospital responsible. Many families choose to hire a lawyer to help them with this process. Here, we will provide tips on filing an Erb’s palsy lawsuit.
1. Send a Demand Letter
The first step in filing an Erb’s palsy lawsuit is to send a demand letter to the doctor or hospital you believe is responsible. In this letter, you will need to detail your child’s injuries and how you believe they were caused by medical negligence. You will also need to state what kind of compensation you are seeking.
It is important to note that you will likely need to go through the process of mediation or arbitration before filing a lawsuit, so be sure to include this in your demand letter. If you are unsure how to draft a demand letter, you may consider hiring a lawyer in AZ.
2. File a Complaint
If you cannot settle through mediation or arbitration, you will need to file a complaint in court. This is the formal legal document that starts a civil lawsuit. In your complaint, you will need to detail your child’s injuries and how you believe they were caused by medical negligence. You will also need to state what kind of compensation you are seeking.
Once you have filed your complaint, the court will need to issue a summons, which will be served to the defendants in the case. According to the National Institutes of Health, most Erb’s palsy lawsuits are settled before going to trial.
3. Negotiate Settlement
If your case goes to trial, you must present your evidence and arguments to a judge or jury. The court will award you damages if you successfully prove that the defendant was responsible for your child’s injuries. These damages include:
- Medical expenses
- Lost wages
- Pain and suffering
Once the court has issued its decision, you must negotiate a settlement with the defendant. You may need to go through the appeals process if you cannot reach a settlement. Several factors will need to be considered when negotiating a settlement, so you may want to hire Erb’s palsy attorney in Phoenix, AZ to help you with this process.
4. Go Through the Discovery Phase
You must go through the discovery phase if your case goes to trial. This is the process in which both sides exchange information and evidence. During this phase, you will need to provide the court with evidence to support your claim.
The defendant will also be required to provide proof. This evidence can be used to prove that the defendant was responsible for your child’s injuries. In addition, the evidence can be used to determine the damages you are owed.
5. Prepare for Trial
If your case goes to trial, you must prepare for it. This means that you will need to gather all of the evidence and witnesses that you will need to support your claim. You will also need to practice your testimony. It is important to remember that you will be under oath when you testify, so you need to be honest and accurate. You should also be prepared to cross-examine the defendant’s witnesses. This is often one of the essential parts of the trial process.
If you or a loved one has been injured due to medical negligence, you may be able to file an Erb’s palsy lawsuit. By following these steps, you can increase your chances of success. However, it is essential to remember that each case is unique, and you should always consult with an experienced lawyer before taking any legal action.