How an Erb's Palsy Lawsuit Can Ease Financial Burdens

Parents with children who suffer from Erb's palsy face enormous medical costs throughout the lifetime of their child. A successful brachial-plexus lawsuit could help alleviate the financial burdens.

The legal process of filing an erb's palsy lawsuit is complicated and requires skilled malpractice lawyers in AZ. Each case is unique, however the majority follow a common pattern.

Medical Records

When a lawyer investigates an Erb's palsy lawsuit, they first look over all medical records. These records are used to determine the amount a client might receive in compensation. This compensation can help cover the cost of medical bills for the future as well as for Erb's palsy surgery, physical therapy, and other treatments for the child's injury.

A lawyer will also take into consideration the future economic consequences that could result from the injuries of their child. These might include lost wages and the cost of providing care and other costs. An experienced attorney will be able calculate all damages that could be incurred by the client.

Erb's palsy happens when the brachial plexus nerves are stretched or damaged during labor. It is one of the most frequent birth injuries, and it's often avoidable. Doctors who fail to adhere to accepted standards of care for babies during birth are liable for medical negligence. This type of malpractice could include: failing to perform C-sections properly as well as pulling too much on the head or shoulders, and improper usage of tools like forceps.

Interviews with Experts

The brachialplexus, or brachial nerve, is a system which controls the movement of the arm. The forceful pulling of the shoulder, Erb's Palsy neck or arm that strains these nerves could cause injury and even Erb's palsy. The injury can affect the quality of life of a newborn, since they may not be able to perform certain sports or daily activities like buttoning a shirt.

The vast majority of Erb's palsy cases are caused by medical mistakes during childbirth. Doctors who choose the wrong delivery tools or apply too much pressure during a vaginal birth, or a c-section, can stretch or tear the brachial plexus of a baby which could result in injury.

Based on the situation there may be compensation possible for both future and past medical costs related to the injury. You can also recover damages for lost wages and other economic losses. You may also make a claim based on suffering and pain. It is important to choose an attorney with experience handling birth trauma cases. The lawyer will make sure that your claim accounts for all of the damages you deserve.

Gathering Evidence

A successful Erb's palsy suit could result in compensation for a child’s medical expenses and future treatment needs as well as other damages. The amount of money you pay will not be enough to compensate for the injuries a child has suffered. However having medical professionals held accountable and winning compensation can give families a sense of control over their life.

At this point in the litigation, your lawyer will work with expert witnesses to study the medical records and determine if negligence was the cause of the injury. It is also possible to get additional documents witness depositions, and many more.

If lawyers are able to gather enough evidence to prove that a physician was negligent, they usually try to reach an out-of-court settlement. This method allows families to receive their compensation faster and reduces the chance that a verdict from a trial could be overturned through an appeal. If a settlement can't be reached, your lawyer will prepare you for trial. In a court case, the judge or jury will hear the arguments of both parties and determine if the healthcare professional was acting in a reasonable manner in the context of the situation.

Making a Complaint

Depending on the outcome of the case, you may be awarded compensation to assist in the cost of your child's treatment. A successful lawsuit will allow you to use your funds toward physical therapy and assistive devices for your child.

If you suspect that medical negligence caused your child's Erb's syndrome and you believe that medical negligence was the cause, you should speak to an experienced lawyer as soon as you can. Your lawyer will file a lawsuit on your behalf. The defendant will then be given a specific amount of time to respond to your lawyer, and you may require additional expert reports.

Your lawyer will use the data gathered during this process to determine whether your doctor committed malpractice. If your doctor erred in his training to identify a risk factor and your child was injured as a result and you are able to prove it, you could be able to bring a claim for medical malpractice. Your lawyer will decide if to accept a settlement or if you want to go to trial. A trial would require you to present your case in front of a judge and jury.

Trial

The brachialplexus is a collection of nerves running from the spine upwards to the arm and shoulder. If medical professionals pull an infant too much during birth it could damage the nerves and lead to Erb's palsy. A successful lawsuit could compensate families to cover treatment and other expenses associated with the condition.

To begin, you should consult with a lawyer to determine if the injuries suffered by your child are due to medical negligence at birth. Your lawyer will go over your child's medical records and other evidence to determine if malpractice was to blame for the injury.

Once you and your legal team agree that negligence is the cause, they will file a complaint with the court. The defendants will then have 30 days to respond. In this time the legal teams will gather more evidence in support of their own sides, including expert reports and personal testimony from witnesses.

The legal teams will attempt to reach a settlement. If they cannot settle, the case will be tried in front of the jury and a judge.