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 life of their child. A successful brachial-plexus lawsuit may help ease the financial burdens.
The legal process for filing a lawsuit against the condition is a complex one and requires the assistance of a skilled malpractice lawyer in Arizona. Each case is unique, but most follow a similar pattern.
Medical Records
When a lawyer investigates an Erb's palsy suit, they first look over all medical records. These records will be used for determining the amount of compensation a person could be entitled to. The compensation may be used to pay for the current and future medical expenses for surgeries, physical therapy, and other treatments that are related to the child's injury.
A lawyer will also take into account the future economic loss that might occur due to their child's injury. This could include lost wages, costs for caregiving as well as other costs. An experienced lawyer can estimate all potential damages for the client.
Erb's Palsy is a condition that occurs when the brachial plexus nerves are stretched or damaged during labor. It's one of the most common birth injuries and is often preventable. Doctors who don't adhere to the accepted standards of care during the birth are liable for medical negligence. Examples of this type of negligence include: failing to perform C-sections, pulling too hard on the shoulders or head and the improper use of tools like forceps.
Interviews with Experts
The brachial plexus is a group of nerves that control movement of the arm. Erb's Palsy can be caused by pulling the neck, arm or shoulder too hard. The injury could impact a newborn's life quality, as they may not be able to participate in certain sports or everyday activities like putting on a t-shirt.
Medical negligence during childbirth accounts for the vast majority of cases of Erb's Palsy. erb's palsy law firm clifton who choose the wrong type of delivery tools or apply too much pressure during vaginal birth, or a c-section, can stretch or tear the brachial plexus of a baby and cause an injury.
Based on the circumstances of your case, compensation may be available for future and past medical costs related to the injury. You may also be able to claim damages for lost wages as well as other economic losses. You can also make a claim for pain and suffering. You should select an attorney who has experience dealing with birth trauma cases. The attorney will make sure that you are compensated for all damages you deserve.
Gathering Evidence
A successful Erb's palsy suit could result into compensation for the child's medical costs as well as future needs for treatment, and other damages. A sum of money cannot make up for the injury a child suffered. However having medical professionals held accountable and gaining compensation can give families a bit of control over their life.
During this phase of litigation your lawyer will collaborate with experts to review the medical records and determine if negligence is the reason for the injury. It could also be necessary to obtain additional documents, depositions of witnesses, and more.
If lawyers are able to gather enough evidence to show that a physician was negligent they typically try to negotiate a settlement outside of court. This method allows families to receive compensation more quickly and reduces the chance that a trial verdict might be rescinded by appeal. If a settlement can't be reached your lawyer will prepare you for a trial. In a trial in a courtroom, the judge or jury will hear the arguments of both sides and decide if the healthcare professional acted in a reasonable way under the circumstances.
Making a Complaint
Based on the outcome of the case, you could be awarded compensation to help pay for your child's treatment. A successful lawsuit will permit you to put your money toward aidive devices and physical therapy for your child.
If you believe medical negligence caused your child's Erb's palsy then you must speak to an experienced attorney as soon as is possible. Your lawyer will file a lawsuit on behalf of you. The defendant will then have a specified amount of time to respond, and your lawyer may request additional expert reports.
Your attorney will make use of the information gathered during this phase to determine whether your doctor acted in a negligent manner. Doctors who deliver babies undergo training to identify risk factors, and if your doctor was unable to recognize one of these risks and your child suffered an injury due to the negligence you may be able to pursue a medical malpractice claim. Your lawyer will decide if to accept a settlement, or if you want to go to trial. A trial is the process of presenting your case before an impartial jury and a judge.
Trial
The brachialplexus is a group of nerves which runs from the spine upwards to the shoulder and arm. When medical professionals pull an infant too hard during the delivery process it can cause damage to the nerves and lead to Erb's palsy. A successful lawsuit could compensate families for treatment as well as other costs related to the condition.
The first step is to schedule a meeting with an Erb's lawyer and determine if your child's injuries are the result of medical negligence during birth. Your lawyer will look over your child's medical records and other evidence to determine if malpractice was to blame for the injury.
Once you and your legal team have agreed that you are at fault for the malpractice then they will file a court complaint. The defendants will have 30 days to respond. During this period both legal teams will gather more evidence to support their claims for example, expert reports and personal accounts from witnesses.
Then, both legal teams will work to come to a settlement. If they are not able to settle, the case will go to trial in front of a judge and jury.