How an Erb’s Palsy Lawsuit Can Ease Financial Burdens
Parents with children who suffer from Erb’s palsy face enormous medical costs throughout the course of their child’s life. The compensation from an effective brachial plexus lawsuit can help alleviate the financial burden.
The legal process of submitting an erb’s psy lawsuit is complicated and requires skilled malpractice lawyers in AZ. Each case is different however, the majority of cases follow a similar pattern.
Medical Records
If a lawyer is investigating an Erb’s-palsy lawsuit they will first review all medical records. These records will be used to determine how much the client could receive in compensation. This compensation can be used to cover the current and future medical expenses for physical therapy, surgery, as well as other treatments associated with the child’s injury.
A lawyer will also take into consideration the future economic consequences that could result from the injuries of their child. This could include lost wages and the cost of providing care as well as other costs. An experienced malpractice attorney can calculate all possible damages for a client.
Erb’s palsy happens when the brachial plexus nerves get stretched or damaged during labor. It is one of the most common birth injuries and is often preventable. Doctors who do not follow the accepted standards of care for babies during birth can be held liable for medical negligence. Examples of this type of malpractice include: failure to perform a C-section, pulling too hard on the head or shoulders and the inadvertent use of tools, such as forceps.
Interviews with Experts
The brachial nerve plexus is a set of nerves that regulates arm movement. Erb’s Palsy is caused by pulling the arm, neck or shoulder too hard. The injury can impact the quality of life of a newborn, as they might not be able perform certain sports or daily activities like putting on a t-shirt.
Medical negligence during childbirth is responsible for the vast majority of cases of Erb’s palsy. 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.
Depending on the circumstances of your situation, you may be entitled to an amount of compensation for future and past medical expenses related to the injury. You may also be entitled to damages if you have lost wages or suffered other economic losses. You can also file a claim based on suffering and pain. It is important to select an attorney who has experience in dealing with birth trauma cases. The attorney will make sure that you receive all the damages you are entitled to.
Gathering Evidence
A successful Erb’s lawsuit could result in compensation for the child’s medical costs and future treatment needs as well as other damages. Although no amount of money can compensate the costs of an injury to a child, making medical professionals accountable and obtaining compensation can help families gain back some control over their lives.
At this point in the litigation your lawyer will collaborate with experts who will analyze the medical records and determine if negligence was the cause of the injury. It could also be necessary to obtain additional documents witness depositions, Erb’s palsy lawyer and more.
When lawyers have sufficient evidence to prove that a doctor acted negligently, they will typically attempt to reach a settlement out of court. This allows families to receive compensation faster and reduces the chance of a trial verdict being overturned in an appeal. If a settlement cannot be reached then your lawyer will prepare you for a trial. In the course of a trial an impartial jury or judge will listen to both parties’ arguments and decide whether the healthcare professional was acting in a reasonable way in the circumstances.
How to file a complaint
Depending on the outcome the case, you could receive compensation that will assist in the cost of your child’s treatment. If you win your lawsuit, you can use the funds to pay for rehabilitation equipment and physical therapy for your child.
If you believe medical negligence contributed to the Erb’s palsy of your child, you should talk to an experienced attorney as soon as possible. Your lawyer will file a lawsuit on your behalf. The defendant has a limited time to respond. Your lawyer can also request additional expert reports.
Your lawyer will use the information gathered during this process to determine if your doctor was negligent. If your doctor was not able to follow his education to recognize a risk factor and your child was injured as a result of it there is a possibility that you have grounds to file a claim for medical malpractice. Your lawyer will then decide whether to accept a settlement or pursue a trial. A trial involves presenting your case before a judge and jury.
Trial
The brachial plexus is a group of nerves running from the spine to the shoulder and arms. Medical professionals can cause Erb’s palsy by pulling an infant too hard when delivering the baby. Families may be compensated for treatment and other expenses in the event of a successful lawsuit.
The first step is to schedule a consult with an Erb’s Palsy lawyer and determine whether your child’s injuries are the result of medical negligence at the time of birth. Your lawyer will go over the medical documents of your child as well as other evidence in order to determine if malpractice is to blame for their injury.
If you and your legal team have agreed that malpractice is to blame then they can file a complaint with the court. The defendants have 30 calendar days to respond. During this time, both legal teams will gather more evidence to the defense of their respective sides which could include expert reports as well as personal testimonies from witnesses.
Then the legal teams will attempt to reach a settlement. If both sides fail to reach a settlement then the case will be heard before jurors and a judge.