How an Erb's Palsy Lawsuit Can Ease Financial Burdens

Parents of children suffering from Erb's palsy face enormous medical costs throughout the life of their child. A successful brachial-plexus lawsuit could help ease the financial burdens.

The legal procedure for filing a lawsuit against erb's paralysis is complicated and requires the assistance of an experienced malpractice attorney in Arizona. Each case is different, but most follow a similar pattern.

Medical Records

If a lawyer is investigating an Erb's Palsy lawsuit, they will first go through all medical records. These records will be used in determining the amount of compensation the client could receive. This money can be used to cover future medical expenses for surgeries, physical therapy, and other treatments for the child's injury.

A lawyer will also take into consideration the future economic loss that could result from the injury of their child. These might include lost wages, the cost of caregiving as well as other costs. A skilled malpractice attorney will be able to calculate all the potential damages for a client.

erb's palsy attorneys palsy happens when the brachial-plexus nerves are stretched or damaged during labor. It is one of the most common birth injuries and is often preventable. Medical negligence is a crime that can be brought against doctors who do not adhere to accepted standards of care when delivering an infant. Some examples of malpractice include: failing to perform a C-section, pulling too hard on the head or shoulders, and inadvertent use of tools, such as forceps.

Interviews with experts

The brachial plexus is a bundle of nerves that controls movement of the arm. The forceful pulling of the shoulder, neck or arm that stretches these nerves can cause damage and eventually lead to Erb's palsy. The injury can negatively impact a newborn's quality of life as they may not be able to participate in specific sports or participate in everyday activities like buttoning their shirt.

The majority of cases of Erb's syndrome result from medical mistakes during childbirth. Doctors who choose the wrong type of delivery equipment or Erb's palsy apply excessive pressure during a vaginal birth, or a c-section, can stretch or tear a baby's brachial plexus which can result in a laceration.

In the event of a case there may be compensation possible for both future and past medical costs related to the injury. You may also be entitled to damages if you've lost wages or suffered other economic losses. In addition, you can bring a claim for suffering and pain. It is important to select an attorney who has experience dealing with birth trauma cases. The lawyer will ensure that your claim is fully covered by all of the damages you are entitled to.

Gathering Evidence

A successful lawsuit for Erb's palsy could result in compensation to cover the costs of medical bills, future treatment needs, and other damages. A sum of money cannot compensate for a child’s injury. However, holding medical professionals responsible and winning compensation can give families a sense of control over their life.

During this phase of litigation your lawyer will collaborate with expert witnesses to study the medical records and erb's palsy determine if negligence caused the injury. It may also be necessary to obtain additional documents including depositions of witnesses and much more.

When lawyers have sufficient evidence to prove that a doctor was negligent, they will typically attempt to negotiate a settlement outside of court. This method allows families to receive their compensation faster and avoids the possibility that a judge's decision could be overturned through an appeal. However, if it is not possible to settle the case the attorney will prepare for a trial. In a court trial a jury or judge will hear the arguments of both parties and determine if the healthcare professional acted reasonable under the circumstances.

How to file a complaint

Based on the outcome, you could be awarded an amount of money to help with the treatment of your child. A successful lawsuit will allow you to put your money toward aidive devices and physical therapy for your child.

If you suspect medical negligence caused your child's Erb palsy, it's crucial to consult an experienced lawyer immediately. Your lawyer will submit the complaint on your behalf. The defendant will then have a specified period of time to respond to your lawyer, and you may require additional expert reports.

Your attorney will use the information gathered during this stage to determine whether the doctor you saw committed malpractice. Doctors who deliver babies are trained to recognize risk factors, therefore if your doctor failed 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 then decide whether to accept a settlement or proceed to trial. A trial would require you to present your case before an impartial jury and a judge.

Trial

The brachial is a group of nerves that run from the spine to the shoulders and arms. If medical professionals pull a baby too hard during the delivery process, this can damage the nerves and cause Erb's palsy. A successful lawsuit could be awarded to families compensation to cover medical and other expenses associated with the condition.

To begin, you must arrange a consultation to determine if the injuries suffered by your child are due to medical negligence during birth. Your lawyer will look over your child's medical records as well as other evidence to help you determine whether or not malpractice was responsible for the injury.

If you and your legal team agree that malpractice is at fault the lawyers will submit a complaint to the court. The defendants have 30 calendar days to respond. In this time the legal teams will collect more evidence to support their sides, such as expert reports and personal accounts from witnesses.

Then, both legal teams will attempt to come to a settlement. If both sides are unable to reach a settlement, then the case will be tried in front of a jury and judge.