How an Erb's Palsy Lawsuit Can Ease Financial Burdens

The medical expenses for parents of children with Erb's palsy are huge. They will continue to be so throughout the lifetime of the child. A successful lawsuit involving brachial plexus may ease the financial burdens.

The legal process to file a lawsuit against the condition is complex and requires the assistance of a skilled malpractice lawyer in Arizona. Each case is different however the majority follow the same pattern.

Medical Records

If a lawyer is investigating an Erb's palsy lawsuit, they first examine all medical records. These records will be used in determining the amount of compensation that the client could receive. This can be used to pay future medical bills for surgeries, physical therapy, and other treatments for the child's injury.

A lawyer will also consider the potential economic loss that may result from the injuries of their child. These could include lost wages, caregiving costs and other costs. An experienced attorney will be able to calculate any damages that could be possible for the client.

Erb's spalsy occurs when brachial-plexus nerves become stretched or damaged in labor. It is one of the most common birth injuries, and it's often prevented. Medical negligence can be charged against doctors who fail to follow accepted guidelines for the delivery of a baby. Some examples of malpractice include: failing to perform C-sections properly, pushing too hard on the head or shoulders, and improper use of tools like forceps.

Interviews with Experts

The brachialplexus is a nerve that regulates the movement of the arm. When you forcefully pull your shoulder, neck or arm that strains these nerves can cause damage and result in erb's palsy law firm palsy. The injury could affect a newborn's life quality, as they might not be able to perform certain activities or sports like putting on a t-shirt.

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

Based on the circumstances of your case you may be entitled to compensation for future and past medical expenses that are related to the injury. You may also be entitled to damages if you've lost your wages or suffered other economic losses. You can also make a claim based on suffering and pain. It is important to choose an attorney with experience in birth trauma cases. The lawyer will ensure that you are compensated for all damages you are entitled to.

Gathering Evidence

A successful Erb's palsy lawsuit could result in compensation that covers the costs of medical expenses and future treatment needs and other damages. The amount of money you pay will not be enough to compensate for the injuries a child has suffered. However having medical professionals held accountable and gaining compensation can provide families with some control over their life.

During this phase of the litigation, you lawyer will collaborate with experts to analyze medical records to determine if negligence was the cause of the injury. It may be necessary to obtain other documents, witness depositions and much more.

When lawyers have enough evidence to prove that the physician committed malpractice, they usually try to negotiate a settlement outside of court. This process allows families to receive compensation more quickly and avoids the possibility that a court verdict could be rescinded by appeal. If a settlement can't be reached then your lawyer will prepare you for the possibility of a trial. In the course of a trial the judge or jury will hear both sides argument and decide if the healthcare professional behaved in a reasonable manner under the circumstances.

Making a Complaint

In the event of a successful outcome the outcome could award you compensation to pay for the treatment of your child. A successful lawsuit could allow you to put your money toward aidive devices and physical therapy for your child.

If you believe that medical negligence caused your child's Erb's syndrome it is important to speak with an experienced attorney as soon as you can. Your lawyer will file the complaint on your behalf. The defendant will then have a specified amount of time in which to respond to your request, and your lawyer can request additional expert reports.

Your attorney will use information gathered in this phase to determine if your doctor committed malpractice. If your doctor erred in his education to recognize the risk factors and your child suffered injuries as a result of it then you could have grounds to file a claim for medical malpractice. Your lawyer will decide whether to settle for a settlement or to go to trial. A trial is the process of presenting your case in front of the jury and a judge.

Trial

The brachial complex is a collection of nerves running from the spine to the shoulders and arms. If medical professionals pull a baby too much during birth this can cause damage to the nerves and lead to Erb's palsy. A successful lawsuit can compensate families for treatment as well as other costs related to the condition.

The first step is to schedule a consultation with an Erb's palsy lawyer and determine whether your child's injuries were the result of medical negligence during the birth. Your attorney will examine your child's medical records and other evidence to help you decide whether or not malpractice was responsible for the injury.

Once you and your legal team are of the same mind that malpractice is at fault and they submit a complaint to court. The defendants then have about 30 days to respond. During this period both legal teams will gather more evidence to support their sides including expert reports and personal accounts from witnesses.

Both legal teams will then attempt to reach a settlement. If they cannot settle, the case will be tried in front of an arbitrator and judge.