How an Erb's Palsy Lawsuit Can Ease Financial Burdens

Parents with children who suffer from Erb's palsy face enormous medical expenses throughout the life of their child. A successful brachial-plexus lawsuit may help ease the financial burdens.

The legal process of filing an erb's palsy lawsuit is complicated and requires skilled malpractice lawyers in AZ. Each case is different however, the majority of cases follow the same pattern.

Medical Records

When a lawyer investigates an Erb's palsy lawsuit, they will first go through all medical records. These records are used to determine the amount a person could be entitled to compensation. This compensation could be used to pay for future and current medical expenses for surgery, physical therapy, as well as other treatments associated with the child's injury.

A lawyer will also take into account the potential economic loss that may result from the child's injuries. This could include lost wages, the cost of caregiving and other expenses. A seasoned malpractice attorney can calculate the damages that could be incurred by a client.

Erb's palsy happens when the brachial plexus nerves are stretched or damaged during labor. It's among the most commonly occurring types of birth injuries and is usually preventable. Doctors who fail to adhere to the accepted guidelines for care during birth can be held accountable for medical negligence. This type of malpractice could include the failing to perform C-sections properly and pulling too hard on shoulders or head, and improper use of tools like forceps.

Interviews with Experts

The brachialplexus is a bundle that regulates the movement of the arm. Erb's palsy can be caused by pulling the arm, neck or shoulder too hard. The injury can impact the quality of life for a newborn as they might not be able to participate in certain sports or do everyday activities like buttoning a t-shirt.

The vast majority of cases of Erb's Palsy result from medical mistakes during childbirth. Doctors who use the wrong delivery equipment or apply too much pressure during a vaginal birth or c-section can stretch or tear a baby's brachial tract which could result in injury.

Based on the circumstances of your particular case, you may be entitled to the compensation you deserve for past and future medical expenses arising from the injury. You may also seek damages for lost wages as well as other economic losses. You may also submit a claim based upon pain and suffering. You should select an attorney who has experience in handling cases involving birth trauma. The attorney will make sure that you receive all the damages you are entitled to.

Gathering Evidence

A successful Erb's palsy lawsuit could result in compensation to cover the cost of a child's medical bills and future treatment needs and other damages. There is no way to be enough to compensate for the injuries a child has suffered. However being able to hold medical professionals accountable and obtaining compensation could provide families with some control over their lives.

During this phase of litigation the lawyer will work with expert witnesses to study the medical records and determine if negligence is the reason for the injury. It is also possible to get additional documents and depositions of witnesses and much more.

Once the lawyers have enough evidence to prove that a medical professional was negligent and they are able to negotiate a settlement outside of court. This procedure allows families to receive compensation quicker and eliminates the risk that a court verdict could be rescinded through an appeal. If a settlement is not reached your lawyer will prepare you for a trial. In the course of a trial, a judge or jury will listen to both parties argument and decide whether the healthcare professional acted in a reasonable manner in the circumstances.

Making a Complaint

Depending on the outcome depending on the outcome, you could receive compensation to help pay for the treatment of your child. If you win your lawsuit, you could use the money to purchase aidive equipment and physical therapy for your child.

If you think that medical negligence played a role in your child's Erb's paralysis it is important to speak with an experienced lawyer as soon as you can. Your lawyer will file a complaint on behalf of you. The defendant is then given a certain amount of time to respond and Erb's Palsy Lawsuit your lawyer may request additional expert reports.

Your attorney will utilize the information gathered during this phase to determine if your doctor acted in a negligent manner. Doctors who deliver babies receive training to identify risk factors so if the doctor failed to identify one of these risks and your child was injured due to the negligence then you could be able to file a medical malpractice claim. Your lawyer will decide if to settle the case or to proceed to trial. A trial is the process of making your case known to jurors and judges.

Trial

The brachial plexus is a set of nerves that connect the spine to the shoulder and arms. Medical experts can cause Erb's -Plasy by pulling an infant too hard when they deliver the baby. A successful lawsuit could compensate families to cover medical as well as other costs related to the condition.

In the beginning, you should arrange a consultation to determine if your child's injuries result from medical negligence at the time of birth. Your attorney will examine your child's medical records and other evidence to help you decide whether negligence was the primary reason for the injury.

After you and your legal team have agreed that malpractice is at fault the lawyer will file a court complaint. The defendants have 30 days to respond. In this time, both legal teams will collect more evidence to support their sides for example, expert reports and personal accounts from witnesses.

Both legal teams will then attempt to reach a settlement. If they are not able to agree to a settlement, the case will go to trial in front of jurors and a judge.