How an Erb's Palsy Lawsuit Can Ease Financial Burdens

Parents of children suffering from the condition Erb's palsy have to pay huge medical costs throughout the course of their child's life. The compensation from a successful lawsuit for brachial plexus could ease the financial burden.

The legal process of submitting an erb's psy lawsuit is complicated and requires the expertise of a malpractice lawyer in AZ. Each case is unique, however most follow a similar pattern.

Medical Records

If a lawyer is investigating an Erb's-palsy lawsuit they first look over all medical records. These records are used to determine how much the client could receive in compensation. This compensation can be used to cover the current and future medical expenses for surgery, physical therapy, and other treatments that are related to the child's injury.

A lawyer will also consider the future economic losses that could occur due to the injuries sustained by their child. This could include expenses for caregiving, lost wages and other costs. An experienced attorney can estimate all possible damages for the client.

Erb's Palsy is a condition that occurs when the brachial-plexus nerves get stretched or damaged during labor. It's among the most frequent types of birth injuries and is often preventable. Doctors who don't adhere to the accepted standards of care for babies during birth are liable for medical negligence. This type of malpractice includes: failure to perform C-sections or pulling too hard on the head or shoulders and the improper use of tools like forceps.

Interviews with Experts

The brachial nerve plexus is a set of nerves that controls arm movement. When you forcefully pull your neck, shoulder or arm that stretches these nerves can cause injury and even Erb's palsy. 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 the cause for the vast majority of cases of Erb's palsy. Doctors who choose the wrong delivery tools or apply excessive pressure during vaginal birth or c-section may stretch or tear a baby's brachial tract which can result in a laceration.

Based on the circumstances of your particular case, you could be entitled to an amount of compensation for future and past medical expenses related to the injury. You may also claim damages if you have lost income or suffered other economic losses. In addition, you can bring a claim for pain and suffering. It is recommended to choose an attorney with experience dealing with birth trauma cases. The attorney will ensure that your claim is fully covered by all of the damages you are entitled to.

Gathering Evidence

A successful Erb's palsy lawsuit could result in compensation for the costs of medical expenses and future needs for treatment and other damages. There is no way to cover the cost of a child's injury. However, holding medical professionals responsible and gaining compensation can give families a sense of control over their life.

During this stage of the litigation the lawyer will work with experts who will analyze the medical records and determine if negligence is the reason for the injury. It is possible to obtain additional documents, witness depositions, and many more.

If lawyers are able to gather enough evidence to prove that the doctor was negligent, they usually try to negotiate an out-of-court settlement. This allows families to receive their compensation faster and reduces the chance that a trial verdict might be rescinded through an appeal. If a settlement is not reached then your lawyer will prepare you for an appeal. In a court trial, a jury or judge will listen to the arguments of both parties and decide if the healthcare professional was acting in a reasonable manner in the context of the situation.

Making a Complaint

If the case is successful depending on the outcome, you could receive compensation to pay for the treatment of your child. A successful lawsuit will allow you to use your funds towards aidive devices and physical therapy for your child.

If you believe that medical negligence contributed to your child's Erb's palsy and you believe that medical negligence was the cause, you should speak to an experienced attorney as soon as possible. Your lawyer will submit 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 phase to determine whether your doctor committed malpractice. If your doctor did not follow his education to recognize the risk factor and your child suffered injuries as a result of it, you may have grounds to pursue a claim based on medical malpractice. Your lawyer will then determine if to settle the case or Erb's Palsy proceed to trial. A trial will involve presenting your case to the jury and a judge.

Trial

The brachial plexus is a group of nerves running from the spine to the shoulder and arms. Medical professionals can cause Erb's Palsy by pulling an infant too much when delivering the baby. A successful lawsuit can award families with compensation to cover medical and other expenses related to the condition.

To begin, you must schedule a consultation to determine if the injuries suffered by your child result from medical negligence at the time of birth. Your lawyer will go over your child's medical records as well as other evidence to help you determine whether or not malpractice was responsible for the injury.

After you and your legal team agree that you are at fault for the malpractice and they have agreed to make a court complaint. The defendants have 30 calendar days to respond. During this period each legal team will gather more evidence to support their sides including personal accounts and expert reports from witnesses.

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