Chicago Erb’s Palsy Lawyer
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Chicago Erb’s Palsy Lawyer
Even such respectable Chicago hospitals as Northwestern Memorial, Prentice, or Rush can hire negligent doctors. Some of them make mistakes during delivery and cause injuries to babies. This could lead to Erb’s palsy (brachial plexus birth injury).
If your child developed Erb’s palsy (brachial plexus birth injury) due to a doctor’s negligence, you could obtain compensation to cover treatment and other damages. To make sure your baby has the opportunity to lead a normal life, you may need to arrange expensive treatment.
Hiring a Chicago Erb’s Palsy attorney improves your chances of damage recovery and gives you valuable time to focus on your baby’s health. A Chicago Erb’s palsy lawyer from Zayed Law Offices can help you seek fair compensation for your child’s injury.
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Why Choose Zayed Law Offices for Your Erb’s Palsy Case
Seeking compensation for medical negligence can be a tough road that requires legal experience, patience, and resilience. With an attorney in your corner, you can build a stronger case, avoid common errors, and gain leverage during negotiations.
The key to winning your Erb’s palsy case is your attorney’s experience.
Experience With Erb’s Palsy Cases
Medical malpractice cases, especially those concerning delivery and babies, tend to be complex. They require extensive knowledge of the malpractice laws, a careful approach to determining responsible parties, and mastery during the negotiation process.
The common problem with Erb’s palsy cases is that this condition can occur naturally when the baby assumes a particular position in the uterus. That is why the doctor’s or hospital’s insurance company is likely to argue that medical negligence did not occur.
An attorney from Zayed Law Offices with experience with Erb’s palsy cases can conduct an in-depth investigation to help find available evidence of negligent actions. Then they can go up against a team of the at-fault party’s lawyers and help prove your case.
Local Legal Experience
Since Adam Zayed and his team have worked in Chicago for over a decade, they have extensive experience with local hospitals, judges, and insurance companies. Such experience matters greatly when choosing which road to take to obtain fair compensation.
Zayed Law Offices’ legal team has probably already helped clients win Erb’s palsy cases against the hospital where your child sustained the injury. This experience can be priceless for helping you recover damages and doing so quickly.
Local reputation also plays a significant role in helping win your case or negotiate a settlement. Since many hospitals and insurance companies know how experienced Erb’s palsy attorneys from Zayed Law Offices are, they are more likely to offer a fair settlement.
Medical malpractice attorneys at Zayed Law Offices can:
- Conduct an investigation – establish how the injury occurred.
- Hire expert witnesses – find medical professionals who can confirm that the condition occurred due to negligence.
- Collect evidence and testimonials – find, request, and collect the necessary evidence to build a strong case.
- Determine liable parties – determine who was responsible for your baby’s condition and which party has to pay for the relevant damages.
- File all the necessary documents – file legal complaints with responsible parties according to the deadlines.
- Represent your case in court – if your case proceeds to court, a Zayed Law Offices attorney can represent you in front of the judge and jury.
If you do not have legal experience, obtaining fair compensation in an Erb’s palsy case can be difficult. Chicago brachial plexus attorneys from Zayed Law Offices can handle all related legal action and help you get the money you deserve.
The Zayed Law Offices are conveniently located near the Atrium Mall and across the street from City Hall. For your convenience, our lawyers can arrange a video conference for a free case review.
Erb’s Palsy Compensation
If you can prove that your child developed Erb’s palsy due to the doctor’s negligence during delivery, you can seek compensation for your damages.
These damages include:
- Therapy costs – Many children who sustain brachial plexus injuries recover without surgery. However, they may need long-term therapy. The at-fault party should cover all related therapy costs.
- Surgical costs – Your baby may need a nerve transfer, nerve graft, muscle repair, tendon transfer, or other surgeries to recover from the injury. You can obtain compensation for both surgical costs and recovery therapy.
- Lost wages – If you or another family member has to take time off work to care for the baby because of the injury, you can recover lost wages.
- Living expenses – If your living expenses increase due to the child’s condition, you can seek compensation.
- Pain and suffering – The emotional anguish, pain and suffering, and loss of quality can accompany a severe case of Erb’s palsy. You can seek compensation for these non-economic damages from the at-fault party.
A Chicago Erb’s palsy attorney can help you gather the necessary evidence to back your request for compensation. Since not all documents carry the same weight, an attorney helps ensure you only present strong evidence to the insurance company or the court.
How Much Money Can I Recover?
According to an extensive study of malpractice claims involving children, the mean amount of medical malpractice payout for newborn babies is $936,843.
The amount you can recover depends on:
- The severity of the injury – The more severe the nerve damage is, the more money you need to help your baby recover. If you can present relevant evidence, the payout can be high.
- Quality of evidence – The more high-quality evidence you can present to confirm your right to compensation, the higher your payout can be.
- Consequences of the injury – If the doctor’s negligent actions caused your child to have a permanent disability, you can recover enough money to improve their quality of life.
Your attorney’s experience plays a significant role in the amount of damage recovery because the majority of these cases settle during negotiations with an insurance company.
Knowing how to leverage existing evidence and when to address the at-fault party’s errors allows attorneys to help you obtain compensation.
Medical Malpractice in Chicago
Illinois is a state with one of the highest average payouts in malpractice lawsuits. Around 95 percent of these cases settle out of court. This usually happens when attorneys negotiate with healthcare providers or insurance companies.
Winning a malpractice case in Chicago is not easy. Plaintiffs who do not have high-quality legal assistance usually lose their opportunity to collect fair compensation. Courts tend to rule in favor of healthcare providers unless plaintiffs present strong evidence and arguments.
That is why a Chicago Erb’s palsy attorney focuses on investigating your medical malpractice incident closely and collecting such important evidence as:
- Ultrasounds during the pregnancy and right before birth
- Documentation of all related events before, during, and after birth
- All mother’s and baby’s medical records
- Medical bills
- Witness testimonials
Even a minor piece of evidence can play a significant role in a medical malpractice case. Without an attorney’s advice, it is easy to overlook it.
Statute of Limitations
In Chicago, there is a limit on how long you have to file a medical malpractice lawsuit. When this time is up, the court will not hear your case.
The statute of limitations for medical malpractice cases in Illinois is two years from the time you:
- Learned about injuries caused by medical malpractice or;
- Should have reasonably known about these injuries or;
- Received notice of the injury.
If the problem is not apparent immediately (which is not usually the case with Erb’s palsy), the Code of Civil Procedure gives your four years to file a lawsuit.
Some exceptions to the statute of limitations exist. Even if two years are up, consider speaking to an Erb’s palsy attorney anyway. They may still find a way to help you obtain compensation.
Affidavit of Merit
When you file a medical malpractice lawsuit in Chicago, you must attach an affidavit of merit. This document declares that you consulted a medical professional who confirmed that you might have a case. The medical expert’s testimonial should also be attached.
If you do not provide these documents within 90 days of filing the lawsuit, the court may decide to dismiss your case.
When filing a lawsuit or claim in Chicago, local legal experience is important. An error you make because you do not know local legal nuances could lead to case dismissal.
At Zayed Law Offices, we know all the ins and outs of Chicago Erb’s palsy legislature. Coupled with experience, this knowledge helps us fight for our client’s rights.
Negotiations With Insurance Companies
The majority of Erb’s palsy claims settle out of court. If you can build a strong case, you gain significant leverage that helps you negotiate with the doctor’s or hospital’s insurance company.
Insurance companies do not want to make any payments. They work hard to prove that you do not have a case.
Insurance adjusters have experience minimizing payouts or getting out of them altogether. They know precisely how to pressure the victim and talk them into taking a lower settlement. Eventually, people with strong cases but no legal assistance end up with unfair payouts.
When you have to take care of a sick baby, dealing with an insurance company can be highly taxing. Adjusters can draw out negotiations simply because they know you need money quickly. This approach gives them an upper hand and forces the victim to accept a low amount.
That is why professional legal assistance is the key to getting the most out of the negotiation process.
An attorney knows how to:
- Keep negotiations on track and prevent the insurance company from drawing them out.
- Maintain the focus on a fair amount.
- Leverage legal experience to remind the insurance company about its obligations.
Unlike the plaintiff, Erb’s palsy lawyer does not have a sick child who needs immediate attention. They are not overwhelmed with emotions, buried under a pile of bills, or pressed for money. That makes it impossible for the insurance company to leverage pressure or lowball them.
What to Do After Your Child’s Erb’s Palsy Diagnosis
If your child develops a preventable brachial plexus birth injury, the first thing to do is seek medical attention. Many parents focus on treating their children and often ignore the need to take legal action. Thankfully, it is possible to do both.
As soon as you have an opportunity, consider calling an attorney. Our experienced lawyers can evaluate your case for free and discuss your prospects for compensation. Next, they can start the investigation and collect evidence.
Keep in mind that any evidence in a malpractice case can become less effective with time. Meanwhile, witness memories can fade, and doctors may leave the state. That can complicate your case and make it tougher to obtain compensation.
While you care for your child, an attorney takes the necessary legal action, collects evidence, files documents, and notifies relevant parties.
Besides delegating the legal process to an Erb’s palsy attorney, you need to:
- Collect all medical bills
- Hold on to all doctor’s reports
- Keep track of all the time you had to take off work
- Take photos and shoot videos of your child that demonstrate the extent of their injury
The best thing you can do for your child after hearing the diagnosis is to stay calm and focus on treatment options. The attorney can do the rest.
Speak to an Experienced Chicago Erb’s Palsy Attorney Today
You might be entitled to compensation if your child developed Erb’s palsy because of a doctor’s negligent actions. Trying to recover damages without legal experience can be nearly impossible. By hiring an attorney, you are increasing your chances of obtaining fair compensation tremendously.
A team of attorneys at Zayed Law Offices has significant experience handling Erb’s palsy cases in Chicago. They fight hard to help clients get the money they deserve. Contact us at (312) 726-1616 for a free case evaluation at any convenient time.
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At Zayed Law Offices, we are proud advocates on behalf of our clients’ interest. Our clients are usually going through one of the most difficult periods of their lives when they come to us for representation. Nothing pleases our team more than when our clients are satisfied with the outcome of their case.