How an Erb's Palsy Lawsuit Can Ease Financial Burdens
Parents with children who suffer from the condition Erb's palsy have to pay huge medical expenses throughout the lifetime of their child. The compensation from a successful lawsuit for brachial plexus can ease those financial burdens.
The legal procedure for filing a lawsuit for erb's paralysis is complex and requires assistance of an experienced malpractice attorney in Arizona. Each case is unique, but the majority of cases follow a similar pattern.
Medical Records
A lawyer will review all medical records in the course of investigating an Erb's Palsy lawsuit. These records are used to determine how much a plaintiff could receive in compensation. This money can be used to cover future medical bills for surgeries, physical therapy and other treatments for injuries to the child.
A lawyer will also consider the future economic consequences that may result from the injuries of their child. These might include lost wages and the cost of providing care and other costs. An experienced attorney will be able calculate all damages that could be incurred by the client.
Erb's palsy occurs when the brachial plexus nerves get stretched or damaged during labor. It is one of the most common birth injuries, and is often prevented. Doctors who don't follow the accepted standards of care during the birth can be held liable for medical negligence. Examples of this type of malpractice include: failure to perform C-sections properly, pushing too hard on the head or shoulders, and inadvertent use of tools, such as forceps.
Interviews with Experts
The brachial plexus is a group of nerves that control arm movement. When you forcefully pull your neck, shoulder or arm that strains these nerves can cause injury and even Erb's palsy. The injury could impact a newborn's life quality, as they might not be able do certain sports or do everyday activities like buttoning a t-shirt.
Medical negligence during childbirth is the reason for the majority of Erb’s palsy cases. Doctors who choose the wrong type of delivery equipment or apply too much pressure during a vaginal birth or csection could stretch or tear the brachial plexus of a baby which can result in a laceration.
Based on the circumstances of your case there may be compensation possible for both future and past medical expenses related to the injury. Additionally, you can claim damages if you've lost income or suffered other economic losses. You may also file a claim based on suffering and pain. You should select an attorney who has experience in handling cases involving birth trauma. The lawyer will ensure that your claim accounts for all of the damages you are entitled to.
Gathering Evidence
A successful Erb's Palsy lawsuit could result in compensation for the costs of medical expenses, future treatment needs, and other damages. A sum of money cannot be enough to compensate for the injuries a child has suffered. However being able to hold medical professionals accountable and obtaining compensation could give families a sense of control over their lives.
In this phase of lawsuit, your lawyer will work with experts to review medical records and determine if negligence was the cause of the injury. It could be necessary to obtain other documents, witness depositions and more.
If lawyers are able to gather enough evidence to prove that the physician committed malpractice they typically try to reach a non-judicial settlement. This will allow families to receive their compensation sooner and also avoids the possibility of a verdict from a trial being overturned by an appeal. If a settlement cannot be reached your lawyer will prepare you for a trial. In a trial where a jury or judge will hear both sides' arguments and decide whether the healthcare professional was acting in a reasonable way in the circumstances.
How to file a complaint
Based on the outcome depending on the outcome, you could receive compensation to cover the treatment of your child. A successful lawsuit will permit you to put your money towards physical therapy and assistive devices for your child.
If you suspect medical negligence was a factor in your child's Erb palsy, it's essential to consult an experienced attorney as soon as possible. Your lawyer will make the complaint on your behalf. The defendant is given a certain 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 whether your doctor acted in a negligent manner. Doctors who deliver babies undergo training to identify risk factors therefore if your doctor failed to recognize one of these risks and your child was injured as a result you may be able to pursue a medical malpractice claim. Your lawyer will decide if to accept a settlement, or to proceed to trial. A trial involves making your case known to the jury and a judge.
Trial
The brachial complex is a collection of nerves that connect the spine to the shoulder and arms. Medical professionals can cause Erb's palsy by pulling a baby too hard when they deliver the baby. A successful lawsuit could be awarded to families compensation to cover treatment and other costs associated with the condition.
To begin, erb's palsy attorneys birmingham must set up a meeting with your attorney to determine if the injuries suffered by your child result from medical negligence at the time of birth. Your attorney will review your child's medical records as well as other evidence to help you decide whether malpractice was the reason for the injury.
Once you and your legal team agree that malpractice is at fault and they make a complaint to the court. The defendants are given 30 days to respond. During this period the legal teams will seek out additional evidence to back their arguments like personal accounts and expert reports from witnesses.
Then the legal teams will work to reach a settlement. If they are not able to resolve the matter, it will be tried in front of an arbitrator and judge.