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 child's life. The financial compensation resulting from a successful brachial plexus lawsuit can help ease the financial burden.

The legal procedure for filing a lawsuit against erb's paralysis is a complex one and requires the assistance of a skilled malpractice lawyer in Arizona. Each case is unique, but the majority follow a common pattern.

Medical Records

When a lawyer investigates an erb's palsy law firm palsy lawsuit, they will first review all medical records. These records will be used for determining the amount of compensation that a client may receive. The compensation may be used to pay for the current and future medical expenses for physical therapy, surgery, as well as other treatments associated with the child's injuries.

A lawyer will also take into account the future economic loss which could arise from their child's injury. These could include lost wages, costs for caregiving and other costs. An experienced attorney for malpractice will be able to estimate all possible damages for a client.

Erb's palsy occurs when the brachial plexus nerves get stretched or damaged during labor. It's one of the most common birth injuries, and it's often avoidable. Doctors who do not adhere to the accepted standards of care during delivery can be held liable for medical negligence. This kind of malpractice can include: inability to perform C-sections or 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 is caused by pulling the neck, arm or shoulder too hard. The injury could impact the quality of life for a newborn because they may not be able do certain sports or everyday activities such as buttoning a t-shirt.

Medical negligence during childbirth accounts for the vast majority of Erb’s palsy cases. Doctors who choose the wrong type of delivery tool or erb's palsy lawsuit apply too much force during a vaginal or c section birth could stretch or tear the baby's brachial tube resulting in injuries.

Depending on your case, compensation may be available for past and future medical expenses related to your injury. You can also recover damages if you have lost wages or suffered any other economic losses. Additionally, you can seek compensation for pain and suffering. It's important that you choose an attorney with experience in birth trauma cases. The attorney will make sure that you are compensated for all damages you are entitled to.

Gathering Evidence

A successful Erb's palsy lawsuit could result in compensation to pay the costs of medical expenses as well as future treatment requirements, and Erb's palsy lawsuit 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 winning compensation can provide families with some control over their life.

During this phase of litigation your lawyer will collaborate with experts to review the medical records and determine if negligence was the cause of the injury. It is possible to obtain additional documents, witness depositions and more.

When lawyers have enough proof to prove that a doctor was negligent and they are able to negotiate a settlement outside of court. This allows families to get compensation faster and reduces the chance of a court verdict being invalidated by an appeal. If a settlement can't be reached the lawyer will prepare you for trial. In a trial, a judge or jury will hear both sides arguments and decide if the healthcare professional behaved in a reasonable manner under the circumstances.

Filing a Complaint

Depending on the outcome of the case, you may be awarded compensation that could assist in the cost of your child's treatment. If you win your lawsuit you can use the winnings to purchase assistance equipment and physical therapy for your child.

If you believe medical negligence was a factor in your child's Erb's syndrome then you must speak to an experienced lawyer as soon as you can. Your lawyer will file a complaint on your behalf. The defendant has a short time to respond. Your lawyer can also request additional expert reports.

Your attorney will use the information gathered during this process to determine whether your doctor committed malpractice. Doctors who deliver babies receive training to identify risk factors, and if your doctor was unable to recognize a risk and your child was injured due to the negligence, you may be able to bring a medical malpractice lawsuit. Your lawyer will decide whether or not to accept a settlement, or to pursue a trial. A trial would require you to present your case to an impartial jury and a judge.

Trial

The brachial plexus is a group of nerves that connect the spine to the shoulders and arms. When medical professionals pull a baby too hard during delivery it could damage the nerves and cause Erb's palsy. A successful lawsuit could compensate families for treatment and other costs associated with the condition.

In the beginning, you should consult with a lawyer to determine if the injuries suffered by your child result from medical negligence at the time of birth. Your lawyer will go over the medical documents of your child as well as other evidence in order to determine if malpractice was to blame for their injuries.

After you and your legal team agree that malpractice is at fault, they will file a court complaint. The defendants have approximately 30 days to respond. In this period, both legal teams will gather more evidence to support their sides like personal accounts and expert reports from witnesses.

Both legal teams will then try to reach an agreement. If the two sides are unable to agree on a settlement, then the case will be decided before an arbitrator and a judge.