How an Erb's Palsy Lawsuit Can Ease Financial Burdens

Parents with children who suffer from Erb's palsy face enormous medical costs throughout their child's lifetime. Compensation from a successful brachial plexus lawsuit can ease those 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 most follow a similar pattern.

Medical Records

When a lawyer investigates an Erb's Palsy lawsuit, they first examine all medical records. These records will be used for determining the amount of compensation that a person could be entitled to. This money can be used to cover future medical bills for surgeries, physical therapy, and other treatments for the child's injury.

A lawyer also takes into account the potential economic loss that could occur due to the injury of their child. These could include lost wages and the cost of providing care and other costs. An experienced attorney for malpractice will be able to estimate all possible damages for a client.

Erb's spalsy occurs when brachial-plexus nerves get stretched or damaged in labor. It's among the most common birth injuries and is often preventable. Medical negligence can be blamed against doctors who do not adhere to accepted standards of care when delivering an infant. Some examples of this type of malpractice are: failing to perform a C-section, pulling too hard on the head or shoulders and the improper use of tools like forceps.

Interviews with experts

The brachialplexus is a nerve which controls the movement of the arm. erb's palsy law firms palsy can be caused by pulling the neck, arm or shoulder too far. The injury can negatively impact the quality of life of newborns and they may not be able to play certain sports or perform day-to-day tasks like buttoning a shirt.

Medical negligence during childbirth is responsible for the majority of Erb’s palsy cases. Doctors who use the wrong type of delivery equipment or apply excessive pressure during vaginal birth or c-section may stretch or tear a baby's brachial plexus which can result in a laceration.

Based on the circumstances of your case you could be entitled to compensation for future and past medical expenses related to the injury. You can also recover damages if you've lost your wages or suffered other economic losses. In addition, you can bring a claim for suffering and pain. It is essential to choose an attorney with experience handling birth trauma cases. The lawyer will ensure that you get all the damages that you deserve.

Gathering Evidence

A successful lawsuit for Erb's palsy could result in compensation that covers the cost of a child's medical bills and future treatment needs and other damages. A sum of money cannot be enough to compensate for the injuries a child has suffered. However having medical professionals held accountable and obtaining compensation could provide families with some control over their lives.

In this phase of the litigation your lawyer will collaborate with expert witnesses to analyze the medical records and determine if negligence is the reason for the injury. It is possible to obtain other documents, witness depositions and many more.

If the lawyers have enough evidence to show that a doctor has committed malpractice The lawyers will usually attempt to reach a settlement out of court. This allows families to receive compensation more quickly and also eliminates the possibility that a judge's decision could be rescinded by appeal. If it is not possible to settle the case then your lawyer will prepare for a trial. In the course of a trial, a judge or jury will listen to both parties arguments and decide whether the healthcare professional behaved in a reasonable manner in the circumstances.

The process of filing 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 prevail in your lawsuit, you could use the money to pay for assistance equipment and physical therapy for your child.

If you think that medical negligence was a factor in the Erb's palsy of your child and you believe that medical negligence was the cause, you should speak to an experienced attorney as soon as possible. Your lawyer will file the complaint on your behalf. The defendant is then given a certain amount of time in which to respond, and your lawyer may seek additional expert opinions.

Your attorney will use information gathered in this phase to determine the extent to which your doctor was negligent. Doctors who deliver babies receive training to identify risk factors, so if the doctor failed to identify one of these risks and your child suffered an injury due to the negligence then you could be able to pursue a medical malpractice claim. Your lawyer will then decide whether to accept a settlement or proceed to trial. A trial will involve presenting your case before jurors and a judge.

Trial

The brachial plexus is a group of nerves which run from the spine to the shoulder and arms. When medical personnel pull an infant too much during birth this can cause damage to the nerves and lead to Erb's palsy. Families can receive compensation for treatment and other costs when they win a lawsuit.

To begin, you must set up a meeting with your attorney to determine if the injuries suffered by your child are the result of medical negligence at the time of birth. Your attorney will review the medical records of your child, as well as other evidence to determine if malpractice is the reason for their injuries.

If you and your legal team are of the same mind that malpractice is at fault and they submit a complaint to the court. The defendants are given 30 days to respond. During this period both legal teams will seek out additional evidence to back their arguments including expert reports and personal accounts from witnesses.

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