How an Erb's Palsy Lawsuit Can Ease Financial Burdens

Parents of children suffering from the condition Erb's palsy have to pay huge medical costs throughout the course of their child's life. A successful brachial-plexus lawsuit could help alleviate financial burdens.

The legal procedure for filing a lawsuit against the condition is complex and requires assistance of an experienced malpractice attorney in Arizona. Each case is unique, however the majority follow a common pattern.

Medical Records

If a lawyer is investigating an Erb's palsy lawsuit, they first look over all medical records. These records will be used to determine the amount a person could be entitled to compensation. This compensation could help pay for future medical expenses for surgeries, physical therapy and other treatments for injuries to the child.

A lawyer will also take into consideration the economic damages that may result from the injury of their child. This could include lost wages, costs for caregiving and other costs. A seasoned malpractice attorney will be able to estimate the damages that could be incurred by a client.

Erb's palsy happens when the brachial plexus nerves get stretched or damaged during labor. It's one of the most frequent birth injuries, and is often prevented. Doctors who fail to adhere to the accepted guidelines for care during birth are liable for medical negligence. This type of malpractice includes: failure to perform C section procedures and pulling too hard on the head or shoulders, and the improper use of tools such as forceps.

Interviews with experts

The brachialplexus is a bundle which controls the movement of the arm. Erb's Palsy can be caused by pulling the arm, neck or shoulder too far. The injury can impact the quality of life of newborns, as they may not be able do certain activities or sports like buttoning a shirt.

Medical negligence during childbirth is the cause for the majority of Erb’s palsy cases. Doctors who use the wrong delivery equipment or apply excessive pressure during vaginal birth or c-section can stretch or tear a baby's brachial plexus, resulting in an injury.

Based on the circumstances of your case, you could be entitled to compensation for future and past medical expenses resulting from the injury. You may also claim damages if you've lost wages or suffered other economic losses. Moreover, you can make a claim for pain and suffering. You should select an attorney with experience in handling cases involving birth trauma. The lawyer will ensure your claim is accounted for in full of the damages you deserve.

Gathering Evidence

A successful Erb's palsy lawsuit could result in compensation to pay the costs of medical bills, future treatment needs, and other damages. Although no amount of money will compensate the costs of an injury to a child, holding medical professionals accountable and obtaining compensation can help families gain back control of their lives.

During this phase of lawsuit, your lawyer will collaborate with experts to analyze medical records to determine if negligence caused the injury. It may be necessary to obtain additional documents, witness depositions, and much more.

If lawyers have enough evidence to show that a doctor committed malpractice The lawyers will usually attempt to negotiate a settlement of the court. This will allow families to get compensation faster and avoids the possibility that a verdict in a trial could be overturned in an appeal. If a settlement can't be reached your lawyer will prepare you for trial. In a court trial, jurors or judges will hear the arguments of both parties and decide whether the healthcare professional's actions were reasonable under the circumstances.

Filing a complaint

Depending on the outcome the case, you could receive compensation that will aid in paying for your child's treatment. If you prevail in your lawsuit, you can use the funds to fund aidive equipment and physical therapy for your child.

If you suspect medical negligence played a role in your child's Erb palsy, it is important to speak with an experienced attorney right away. Your lawyer will submit the complaint on your behalf. The defendant is given a certain time to respond. Your lawyer can also request additional expert reports.

Your attorney will use the data gathered during this phase to determine whether your doctor committed malpractice. If your doctor erred in his training to identify the risk factors and your child suffered injuries because of it there is a possibility that you have grounds to pursue a claim based on medical malpractice. Your lawyer will then determine if to settle the case or pursue a trial. A trial is the process of the presentation of your case to a judge and jury.

Trial

The brachial complex is a collection of nerves which run from the spine to the shoulders and arms. Medical professionals can cause Erb's Psy by pulling the infant too hard when delivering the baby. A successful lawsuit could be awarded to families compensation to cover medical and other costs associated with the condition.

The first step is to schedule a meeting with an Erb's palsy lawyer and determine whether your child's injuries were the result of medical negligence at the time of birth. The lawyer will look over the medical records of your child as well as other evidence to determine whether malpractice is to blame for their injury.

Once you and your legal team agree that malpractice is at fault the lawyer will file a lawsuit in court. The defendants are given 30 days to respond. During this time the legal teams will seek out additional evidence to back their arguments including personal accounts and expert reports from witnesses.

The legal teams will attempt to reach an agreement. If both sides are unable to agree on a settlement then the case will be tried in front of the jury and judge.