How an Erb's Palsy Lawsuit Can Ease Financial Burdens

Parents with children who suffer from Erb's palsy face enormous medical expenses throughout the lifetime of their child. Compensation from an effective brachial plexus lawsuit can help ease the financial burden.

The legal procedure of submitting an erb's palsy lawsuit is complex and requires a skilled malpractice lawyer in AZ. Each case is different however, the majority follow a similar pattern.

Medical Records

If a lawyer is investigating an Erb's palsy suit, they first examine all medical records. These records will be used to determine how much a person could be entitled to compensation. This compensation could help pay for the cost of medical bills for the future as well as for surgeries, physical therapy, and other treatments for injuries to the child.

A lawyer will also consider the future economic loss that might occur due to their child's injury. This could include the loss of wages, caregiving costs and other costs. A seasoned malpractice attorney can calculate all the potential damages for the client.

Erb's Palsy is a condition that occurs when the brachial-plexus nerves get stretched or damaged in labor. It's among the most common birth injuries, and it's often avoidable. Doctors who fail to follow the accepted standards of care during delivery can be held accountable for medical negligence. Some examples of negligence include: failing to perform C-sections, pulling too hard on the head or shoulders and the improper use of tools like forceps.

Interviews with experts

The brachial plexus is a bundle of nerves that controls movement of the arm. Erb's Palsy can be caused by pulling the arm, neck or Erb's Palsy shoulder too hard. The injury can affect the quality of life for a newborn in that they might not be able to play specific sports or participate in everyday activities like buttoning their shirt.

The vast majority of cases of Erb's Palsy are caused by medical negligence during childbirth. Doctors who use the wrong type of delivery equipment or apply excessive pressure during vaginal birth, or a c-section, can stretch or tear the brachial plexus of a baby, resulting in an injury.

Depending on the circumstances of your particular case, you could be entitled to compensation for past and future medical expenses arising from the injury. You may also claim damages if you've lost your wages or suffered other economic losses. In addition, you can seek compensation for suffering and pain. You should choose an attorney with experience in handling cases involving birth trauma. The lawyer will ensure that your claim is fully covered by all of the damages you are entitled to.

Gathering Evidence

A successful erb's palsy attorneys suit could result into compensation for a child’s medical expenses, future needs for treatment and other damages. While no amount of money can compensate the child's injuries, holding medical professionals accountable and obtaining compensation can help families gain back control of their lives.

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 including depositions of witnesses and much more.

Once the lawyers have enough proof to prove that a medical professional was negligent they typically try to reach a non-judicial settlement. This allows families to get compensation faster and also avoids the possibility of a verdict from a trial being overturned by an appeal. If a settlement is not possible your lawyer will prepare for a trial. In a court trial, jurors or judges will hear the arguments of both sides and decide whether the healthcare professional acted in a reasonable way in the context of the situation.

How to file a complaint

In the event of a successful outcome depending on the outcome, you could receive an amount of money to help with the treatment of your child. If you prevail in your lawsuit, Erb's Palsy you can use the winnings to fund rehabilitation equipment and physical therapy 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 as soon as possible. Your lawyer will make the complaint on your behalf. The defendant has a limited time to respond. Your lawyer can also request additional expert reports.

Your lawyer will use the data gathered during this process to determine the extent to which your doctor was negligent. If your doctor did not follow his training to identify the risk factors and your child suffered injuries due to it then you could have grounds to bring a claim for medical malpractice. Your lawyer will decide if to settle the case or proceed to trial. A trial involves presenting your case before jurors and judges.

Trial

The brachialplexus comprises a set of nerves that runs from the spine to the arm and shoulder. Medical professionals can cause Erb's palsy by pulling the infant too hard when delivering the baby. A successful lawsuit can provide families with compensation to cover the cost of treatment and other expenses related to the condition.

To begin, you should set up a meeting with your attorney to determine if the injuries suffered by your child are due to medical negligence during birth. Your lawyer will examine the medical records of your child as well as other evidence to determine if negligence is to blame for their injuries.

If you and your legal team agree that malpractice is at fault, they will submit a complaint to court. The defendants are given 30 days to respond. During this time the legal teams will collect more evidence to support their positions like personal accounts and expert reports from witnesses.

Then, both legal teams will attempt to find a solution. If the two sides are not able to reach an agreement then the case will be heard in front of jurors and a judge.