How an Erb's Palsy Lawsuit Can Ease Financial Burdens

The medical costs for parents of children who suffer from Erb's psy are staggering. They will continue to be that way throughout the entire life of the child. Compensation from an effective brachial plexus lawsuit could ease the financial burden.

The legal process for filing an action against erb's paralysis is a complex one and requires the assistance of an experienced malpractice attorney in Arizona. Each case is unique however the majority follow the same pattern.

Medical Records

When a lawyer investigates an erb's palsy lawyer palsy suit, they first look over all medical records. These records will be used to determine the amount the client could receive in compensation. This can be used to pay the cost of medical bills for the future as well as for surgeries, physical therapy and other treatments for the child's injury.

A lawyer also takes into account the potential economic loss that could result from the injuries sustained by their child. These could include lost wages, costs for caregiving and other costs. An experienced lawyer can calculate all potential 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 one of 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. This kind of malpractice can include: failure to perform C section procedures or pulling too hard on the head or shoulders, and improper use of instruments like forceps.

Interviews with experts

The brachialplexus is a nerve that regulates the movement of the arm. Forceful pulling on the neck, shoulder or arm that strains these nerves could cause injury and even Erb's palsy. The injury can negatively impact the quality of life of a newborn and they may not be able to take part in certain sports or perform day-to-day activities such as buttoning a shirt.

The majority of cases of Erb's syndrome result from medical mistakes during childbirth. Doctors who use the wrong type of delivery equipment or apply too much pressure during a vaginal birth or csection could stretch or tear the brachial muscles of babies which can result in a laceration.

Based on the circumstances of your case depending on your situation, compensation may be possible for both future and past medical expenses resulting from the injury. You may also be able to claim damages for lost wages and other economic losses. You may also file a claim based on suffering and pain. It is recommended to choose an attorney with experience in handling cases involving birth trauma. The lawyer will ensure that you are compensated for all compensation you're entitled to.

Gathering Evidence

A successful Erb's suit could result in compensation for a child’s medical expenses, future needs for treatment and other damages. While no amount of money can compensate for a child's injury, holding medical professionals accountable and winning compensation can help families gain back control of their lives.

At this point in the litigation the lawyer will work with experts to review the medical records and determine if negligence was the cause of the injury. It could also be necessary to get additional documents and depositions of witnesses and much more.

Once the lawyers have enough evidence to prove that a physician was negligent they typically try to reach a non-judicial settlement. This allows families to receive their compensation sooner and also avoids the possibility of a verdict from a trial being invalidated by an appeal. If a settlement cannot be reached your lawyer will prepare you for an appeal. In a trial, a judge or jury will hear both sides' arguments and decide whether the healthcare professional acted in a reasonable manner in the circumstances.

The process of filing a complaint

Based 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 money to pay for physical therapy and assistive equipment for your child.

If you suspect medical negligence was a factor in your child's Erb palsy, it is important to speak to an experienced attorney right away. Your lawyer will file a complaint on your behalf. The defendant will then have a specified amount of time to respond, and your lawyer may require additional expert reports.

Your lawyer will use the information gathered during this phase to determine whether the doctor you saw committed malpractice. Doctors who deliver babies undergo training to identify risk factors, so if your doctor failed to identify one of these risks and your child was injured due to the negligence, you may be able to file a medical malpractice claim. Your lawyer will decide if to accept a settlement or to proceed to trial. A trial would involve presenting your case in front of a judge and jury.

Trial

The brachialplexus comprises a set of nerves that runs from the spine upwards to the shoulder and arm. If medical personnel pull an infant too hard during the delivery process, this can damage the nerves and lead to Erb's palsy. Families can receive compensation for medical treatment and other expenses if they win a lawsuit.

The first step is to schedule a consultation with an Erb's palsy lawyer and determine if your child's injuries were the result of medical negligence during birth. The lawyer will look over the medical records of your child, Erb's Palsy as well as other evidence in order to determine whether malpractice is at fault for their injuries.

After you and your legal team have decided that the malpractice was at fault and they have agreed to make a court complaint. The defendants will have approximately 30 days to respond. During this period the legal teams will gather more evidence in the defense of their respective sides, including expert reports and personal testimony from witnesses.

Then, both legal teams will try to find a solution. If the two sides are not able to agree on a settlement the case will be heard in front of a jury and judge.