How an Erb's Palsy Lawsuit Can Ease Financial Burdens

Parents with children who suffer from Erb's syndrome face huge medical costs throughout the course of their child's life. A successful lawsuit for brachial plexus could reduce the financial burdens.

The legal process to file a lawsuit for erb's paralysis is complex and requires assistance of experienced malpractice attorneys in Arizona. Each case is unique however, the majority of cases follow a similar pattern.

Medical Records

A lawyer will go through all medical records in the course of investigating a lawsuit for Erb's Psy. These records will be used in determining how much compensation a person could be entitled to. This compensation could be used to pay for future and current medical expenses for physical therapy, surgery, and other treatments related to the child's injury.

A lawyer will also consider the future economic loss that could result from the injuries suffered by their child. These could include the loss of wages, caregiving costs as well as other costs. An experienced attorney will be able to calculate all damages that could be incurred by the client.

Erb's palsy occurs when the brachial plexus nerves get stretched or damaged during labor. It's one of the most frequent types of birth injuries and is often prevented. Medical negligence can be blamed against doctors who fail to follow accepted guidelines for the delivery of babies. This kind of malpractice can include: inability to perform C-sections, pulling too hard on the head or shoulders, and improper use of tools such as forceps.

Interviews with experts

The brachial plexus is a group of nerves that control arm movement. The forceful pulling of the neck, shoulder or arm that strains these nerves could cause damage and lead to Erb's palsy. The injury can negatively impact the quality of life for a newborn as they may not be able participate in certain sports or engage in daily activities such as buttoning a shirt.

The vast majority of cases of Erb's palsy result from medical negligence during childbirth. Doctors who choose the wrong type of delivery equipment or apply too much pressure during a vaginal birth, or a c-section, can stretch or tear the brachial muscles of babies and cause an injury.

Based on the circumstances of your case, you could be entitled to compensation for future and past medical expenses related to the injury. You may also seek damages for lost wages and other economic losses. You can also file a claim based on suffering and pain. It is recommended to choose an attorney with experience dealing with birth trauma cases. The attorney will ensure that your claim will be able to cover all of the damages you're entitled to.

Gathering Evidence

A successful Erb's-Palsy lawsuit could result in compensation to pay the cost of a child's medical bills and future treatment needs and other damages. While no amount will be able to compensate the cost of a child's injury making medical professionals accountable and obtaining compensation for families can help them get back control of their lives.

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

If lawyers are able to gather enough evidence to show that a medical professional was negligent they typically try to negotiate a settlement outside of court. This method allows families to receive compensation more quickly and reduces the chance that a trial verdict might be overturned by an appeal. However, if a settlement is not possible the attorney will prepare for a trial. In a trial the judge or jury will hear both sides' arguments and decide whether the healthcare professional acted reasonably under the circumstances.

Filing a Complaint

Depending on the outcome of the case, you could 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 physical therapy and Vimeo assistive equipment for your child.

If you suspect that medical negligence was a factor in your child's Erb palsy, it's important to speak with an experienced attorney right away. Your lawyer will file a lawsuit on your behalf. The defendant has a limited time to respond. Your lawyer can also request additional expert reports.

Your attorney will use information gathered during this phase to determine whether your doctor acted in a negligent manner. Doctors who deliver babies are trained to identify risk factors therefore if your doctor failed to recognize a risk and your child was injured due to the negligence you may be able to pursue a medical malpractice claim. Your lawyer will decide if you want to settle the case or to pursue a trial. A trial involves presenting your case in front of a judge and jury.

Trial

The brachialplexus comprises a set of nerves which runs from the spine all the way to the arm and shoulder. When medical professionals pull an infant too hard during the delivery process it could damage the nerves, causing Erb's palsy. A successful lawsuit could provide families with compensation to cover medical and other expenses related to the condition.

The first step is to set up a meeting with an Erb's lawyer and determine if your child's injuries were the result of medical negligence during the birth. Your attorney will review the medical records of your child as well as other evidence to determine if malpractice was at fault for their injuries.

Once you and your legal team agree that malpractice is at fault and they submit a complaint to the court. The defendants have 30 calendar days to respond. During this period each legal team will gather additional evidence in support of their sides, Vimeo including expert reports and Vimeo personal testimony from witnesses.

The legal teams will attempt to come to an agreement. If they cannot settle, the case will be heard before jurors and a judge.