How an Erb's Palsy Lawsuit Can Ease Financial Burdens

The medical expenses for parents of children who suffer from Erb's Palsy are enormous. They will continue to be that way throughout the life of the child. The financial compensation resulting from a successful brachial plexus lawsuit can ease those financial burdens.

The legal process for filing an action against erb's paralysis is complex and requires the assistance of an experienced malpractice attorney in Arizona. Each case is unique, but 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 documents will be used in determining the amount of compensation that a client may receive. This compensation can be used to pay for future and current medical costs for surgeries, physical therapy, and other treatments relating to the child's injuries.

A lawyer should also consider the future economic consequences that could occur due to the injuries sustained by their child. These could include the loss of wages, caregiving costs and other costs. A seasoned malpractice attorney can estimate all possible damages for a client.

Erb's palsy happens when the brachial-plexus nerves get stretched or damaged during labor. It is one of the most frequent birth injuries, and is often preventable. Medical negligence is a crime that can be brought against doctors who fail to follow accepted standards of care when they deliver the baby. Some examples of negligence include: failing to perform a C-section, pulling too hard on the shoulders or head and the inappropriate use of tools such as forceps.

Interviews with Experts

The brachial plexus is a bundle of nerves that regulates arm movement. Forceful pulling on the neck, shoulder or arm that strains these nerves can cause damage and lead to Erb's palsy. The injury can affect the quality of life of a newborn, since they may not be able to participate in certain sports or everyday activities like buttoning a t-shirt.

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

Depending 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 can also recover damages for lost wages and other economic losses. Additionally, you can file a claim for pain and suffering. You should choose an attorney who has experience dealing with birth trauma cases. The attorney will make sure that you are compensated for all damages you deserve.

Gathering Evidence

A successful Erb's palsy lawsuit could result in compensation to cover the cost of a child's medical expenses and future treatment needs and other damages. Although no amount of money can make up the cost of a child's injury holding medical professionals accountable and obtaining compensation can help families gain back control of their lives.

During this stage of the litigation, your lawyer will work with experts to study medical records and determine if negligence was the cause of the injury. It may also be necessary to get additional documents including depositions of witnesses and more.

When lawyers have enough evidence to prove that the physician was negligent, they usually try to reach a non-judicial settlement. This allows families to get compensation faster and also avoids the possibility of a trial verdict being overturned by an appeal. However, if the settlement is not feasible the attorney will prepare for a trial. In a court case, a judge or jury will hear the arguments of both sides and decide if the healthcare professional was acting in a reasonable manner under the circumstances.

Filing a Complaint

Depending on the outcome If the case is successful, you could receive compensation to pay for the treatment of your child. A successful lawsuit will allow you to put your money towards the physical therapy and assistive devices for your child.

If you think that medical negligence played a role in your child's Erb's paralysis and you believe that medical negligence was the cause, you should speak to an experienced attorney as soon as possible. Your lawyer will make the complaint on your behalf. The defendant is given a certain time to respond. Your lawyer may also request additional expert reports.

Your lawyer will use the information gathered during this stage to determine whether the doctor you saw committed malpractice. If your doctor did not follow his education to recognize an issue that could be a risk and your child was injured due to it there is a possibility that you have grounds to file a lawsuit for medical malpractice. Your lawyer will decide whether to accept a settlement, or if you want to go to trial. A trial will involve presenting your case to a judge and Erb's palsy lawsuit jury.

Trial

The brachialplexus is a group of nerves running from the spine all the way to the arm and shoulder. If medical professionals pull an infant too hard during delivery this can cause damage to the nerves and cause Erb's palsy. A successful lawsuit can compensate families to cover the cost of treatment and other expenses associated with the condition.

The first step is to set up a meeting with an erb's palsy law firms palsy lawyer and determine whether your child's injuries were the result of medical negligence at the time of birth. Your lawyer will go over the medical records of your child as well as other evidence to help you decide whether or not malpractice was responsible for the injury.

Once you and your legal team agree that malpractice is at fault and they file a complaint with the court. The defendants will have about 30 days to respond. In this time the legal teams of both sides will gather additional evidence in support of their own sides which could include expert reports as well as personal testimony from witnesses.

Then, both legal teams will work to find a solution. If both sides fail to agree on a settlement and the case is referred to a judge, it will be heard in front of jurors and a judge.