How an Erb's Palsy Lawsuit Can Ease Financial Burdens
Parents with children who suffer from Erb's Palsy are faced with huge medical costs throughout the lifetime of their child. The benefits of an effective brachial plexus lawsuit can ease those financial burdens.
The legal process for filing a lawsuit for erb's paralysis is complicated and requires the assistance of an experienced malpractice attorney in Arizona. Each case is unique however the majority follow a similar pattern.
Medical Records
When a lawyer investigates an Erb's palsy lawsuit, they will first review all medical records. These documents will be used when determining how much compensation the client could receive. This money can be used to pay for future and current medical costs for surgeries, physical therapy, as well as other treatments associated with the child's injury.
A lawyer will also consider the potential future economic losses that might occur due to their child's injury. This could include lost wages as well as the cost of caring for and other costs. An experienced attorney for malpractice can calculate all the potential damages for the client.
Erb's palsy occurs when the brachial plexus nerves are stretched or damaged during labor. It's one of the most frequent birth injuries, and is often preventable. Doctors who don't adhere to the accepted guidelines for care during birth can be held accountable for medical negligence. Examples of this type of malpractice include: failure to perform C-sections, pulling too hard on the head or shoulders, and inappropriate use of tools such as forceps.
Interviews with Experts
The brachial plexus is a bundle of nerves which regulates the movement of the arm. Erb's Palsy can be caused by pulling the arm, neck or shoulder too hard. The injury can affect the quality of life of a newborn, as they may not be able to play certain sports or do day-to-day things like buttoning a shirt.
Medical negligence during childbirth is the reason for the majority of cases of Erb's palsy. Doctors who choose the wrong delivery tools or apply too much pressure during a vaginal birth or csection could stretch or tear a baby's brachial tract which could result in injury.
Based on the circumstances of your particular case, you may be entitled to the compensation you deserve for past and future medical expenses arising from the injury. You may also claim damages if you've lost income or suffered other economic losses. You may also make a claim based on pain and suffering. It is important to select an attorney with experience in dealing with birth trauma cases. The attorney will ensure that your claim accounts for all of the damages you are entitled to.
Gathering Evidence
A successful case in the Erb's Palsy suit could result in compensation for medical expenses incurred by a child as well as future needs for treatment as well as other damages. While no amount of money can compensate the costs of an injury to a child, making medical professionals accountable and winning compensation can help families gain back some control over their lives.
In this phase of litigation, you lawyer will collaborate with experts to analyze medical records and determine whether negligence caused the injury. It could also be necessary to get additional documents including depositions of witnesses and much more.
If lawyers have enough evidence to show that a doctor was negligent The lawyers usually attempt to negotiate a settlement out of the court. This allows families to receive compensation quicker and eliminates the risk of a verdict from a trial being invalidated by an appeal. If a settlement cannot be reached, your lawyer will prepare you for trial. In erb's palsy law firm edmond in a courtroom, the judge or jury will hear the arguments of both parties and determine if the healthcare professional was acting in a reasonable manner under the circumstances.
Filing a Complaint
If the case is successful, depending on the outcome of the case, you could be awarded compensation that could be used to pay for your child's treatment. A successful lawsuit will allow you to put your money toward the physical therapy and assistive devices for your child.
If you suspect medical negligence was a factor in your child's Erb palsy, it's important to speak to an experienced lawyer immediately. Your lawyer will file the complaint on your behalf. The defendant has a short time to respond. Your lawyer may also request additional expert reports.
Your attorney will make use of the information gathered during this stage to determine if your doctor was negligent. Doctors who deliver babies receive training to identify risk factors and if your doctor was unable to recognize a risk and your child suffered an injury as a result it could be possible to pursue a medical malpractice claim. Your lawyer will then determine if to settle the case or proceed to trial. A trial would require you to present your case in front of the jury and a judge.
Trial
The brachial plexus is a set of nerves that run from the spine to the shoulder and arms. If medical professionals pull a baby too much during birth it could damage the nerves and lead to Erb's palsy. Families can receive compensation for medical treatment and other expenses should they prevail in a lawsuit.
The first step is to schedule a meeting with an Erb's palsy attorney and determine whether your child's injuries are the result of medical negligence in the birth. Your attorney will review the medical records of your child, as well as other evidence to determine if negligence is to blame for their injuries.
Once you and your legal team have decided that the malpractice was at fault then they will make a court complaint. The defendants have 30 calendar days to respond. During this time, both legal teams will obtain more evidence to back their arguments for example, expert reports and personal accounts from witnesses.
Then, both legal teams will try to find a solution. If they are not able to settle, the case will be heard in front of a judge and jury.