How an Erb's Palsy Lawsuit Can Ease Financial Burdens
Parents with children who suffer from the condition
erb's palsy law firm palsy have to pay huge medical costs throughout the course of their child's life. The benefits of a successful lawsuit for brachial plexus could ease the financial burden.
The legal process to file a lawsuit for erb's paralysis is a complex one and requires the assistance of a seasoned malpractice attorney in Arizona. Each case is unique, however most follow a similar pattern.
Medical Records
A lawyer will look over all medical records while looking into an Erb's palsy lawsuit. These documents will be used when determining the amount of compensation that a client might receive. This money can be used to cover current and future medical bills for surgery, physical therapy, and other treatments for injuries to the child.
A lawyer should also consider the future economic losses that could occur due to the injuries of their child. These could include lost wages, costs for caregiving and other costs. A seasoned malpractice attorney can estimate the possible damages for the client.
Erb's palsy happens when the brachial plexus nerves are stretched or damaged during labor. It's one of the most frequent birth injuries, and it's often avoidable. Doctors who don't adhere to the accepted standards of care during the birth are liable for medical negligence. Some examples of negligence include: failing to perform a C-section, pulling too hard on the shoulders or head as well as inadvertent use of tools, such as forceps.
Interviews with Experts
The brachial plexus is a bundle of nerves that regulates arm movement.
erb's palsy law firms Palsy can be caused by pulling the neck, arm or shoulder too hard. The injury can negatively impact the quality of life for a newborn as they may not be able participate in certain sports or do day-to-day activities like buttoning their shirt.
Medical negligence during childbirth is responsible for the majority of cases of Erb's Palsy. Doctors who use the wrong type of delivery tool or apply too much force during a vaginal or c section birth could stretch or tear the baby's trachea tube, leading to injury.
In the event of a case, compensation may be possible for both future and past medical expenses related to the injury. You may also claim damages if you've lost wages or suffered any other economic losses. You may also submit a claim based upon suffering and pain. It is important to choose a lawyer with experience handling birth trauma cases. The lawyer will ensure that you receive all the damages that you deserve.
Gathering Evidence
A successful Erb’s palsy suit could result in a settlement for the child's medical costs as well as future needs for treatment, and other damages. No amount of money can cover the cost of a child's injury. However being able to hold medical professionals accountable and winning compensation may provide families with some control over their life.
During this phase of litigation, your lawyer will work with experts to review the medical records and determine if negligence was the cause of the injury. It is also possible to obtain additional documents including depositions of witnesses and many more.
If lawyers are able to gather enough evidence to prove that the physician committed malpractice and they are able to reach an out-of-court settlement. This process allows families to receive compensation quicker and avoids the possibility that a court verdict could be overturned through an appeal. However, if a settlement is not possible then your lawyer will prepare for a trial. In a trial the judge or jury will hear both sides' arguments and decide if the healthcare professional behaved in a reasonable manner in the circumstances.
Filing a Complaint
If the case is successful If the case is successful, you could receive compensation to help pay for the treatment of your child. If you win your lawsuit, you can use the funds to purchase aidive equipment and physical therapy for your child.
If you think that medical negligence contributed to your child's Erb's palsy and you believe that medical negligence was the cause, you should speak to an experienced attorney as soon as possible. Your lawyer will file a complaint on your behalf. The defendant is then given a certain period of time to respond to your request, and your lawyer can request additional expert reports.
Your attorney will make use of the data gathered during this process to determine the extent to which your doctor was negligent. Doctors who deliver babies undergo training to identify risk factors so if the doctor failed to recognize one of these risks and your child was injured due to the negligence then you could be able to make a claim for medical malpractice. Your lawyer will decide if you want to settle the case or to proceed to trial. A trial will involve presenting your case before the jury and a judge.
Trial
The brachial complex is a collection of nerves that connect the spine to the shoulder and arms. If medical experts pull an infant too hard during birth it could damage the nerves and cause Erb's palsy. A successful lawsuit can compensate families to cover treatment and other expenses related to the condition.
The first step is to schedule a consultation with an Erb's palsy attorney and determine whether your child's injuries were caused by medical negligence at the time of birth. Your lawyer will go over your child's medical records as well as other evidence to help you determine if malpractice was to blame for the injury.
If you and your legal team agree that malpractice is the cause then they can make a complaint to the court. The defendants will have 30 days to respond. In this period both legal teams will collect more evidence to support their sides, such as personal accounts and expert reports from witnesses.
Both legal teams will then try to reach an agreement. If they are not able to resolve the matter, it will be heard in front of the jury and a judge.