How an Erb's Palsy Lawsuit Can Ease Financial Burdens

Parents of children suffering from the condition erb's palsy attorneys palsy have to pay huge medical costs throughout the lifetime of their child. The benefits of a successful lawsuit for brachial plexus could ease the financial burden.

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

Medical Records

A lawyer will review all medical records when looking into an Erb's palsy lawsuit. These records will be used in determining the amount of compensation the client could receive. This compensation can be used to cover future and current medical expenses for surgery, physical therapy, as well as other treatments associated with the child's injury.

A lawyer should also consider the economic damages which could be incurred due to the injuries suffered by their child. These could include lost wages and the cost of providing care and other expenses. An experienced malpractice attorney can calculate the damages that could be incurred by a client.

Erb's Palsy is a condition that occurs when the brachial-plexus nerves get stretched or damaged in labor. It's one of the most common types birth injuries and is often preventable. Medical negligence is a crime that can be brought against doctors who fail to follow accepted standards of care when they deliver the baby. Some examples of malpractice are: failing to perform C-sections, pulling too hard on the head or shoulders, and misuse of tools such as forceps.

Interviews with experts

The brachial plexus is a bundle of nerves which regulates the arm movement. Forceful pulling on the arm, shoulder or neck that strains these nerves can cause injury and even Erb's palsy. The injury can affect the quality of life of a newborn, since they may not be able perform certain sports or everyday activities such as buttoning a t-shirt.

The vast majority of cases of Erb's Palsy are caused by medical mistakes during childbirth. Doctors who make the wrong type of delivery tool or use too much force during vaginal or c-section birth can stretch or tear the baby's brachial tube, leading to injury.

Depending on the circumstances of your case you may be entitled to compensation for past and Erb's palsy future medical expenses related to the injury. Additionally, you can claim damages for lost wages as well as other economic losses. You may also submit a claim based upon suffering and pain. It is crucial to select an attorney with experience handling birth trauma cases. The attorney will make sure that you are compensated for all damages you are entitled to.

Gathering Evidence

A successful Erb's palsy suit could result in a settlement for a child's medical expenses and future medical needs as well as other damages. A sum of money cannot make up for the injury a child suffered. However being able to hold medical professionals accountable and winning compensation can give families some control over their life.

At this point in the litigation your lawyer will work with experts who will analyze the medical records and determine if negligence is the reason for the injury. It is also possible to obtain additional documents including depositions of witnesses and much more.

Once the lawyers have enough evidence to prove that a physician was negligent, they usually try to reach a non-judicial settlement. This allows families to receive their compensation sooner and also avoids the possibility that a verdict in a trial could be overturned by appeal. However, if there is no settlement option the attorney will prepare for a trial. In a trial in a courtroom, a jury or judge will listen to the arguments of both parties and decide if the healthcare professional acted reasonable under the circumstances.

How to file a complaint

If the case is successful, depending on the outcome of the case, you may be awarded compensation that could assist in the cost of your child's treatment. If you prevail in your lawsuit, you can use the money to fund assistance equipment and physical therapy for your child.

If you suspect medical negligence caused your child's Erb palsy, it is important to speak with an experienced attorney as soon as possible. Your lawyer will file the complaint on your behalf. The defendant will have a limited time to respond. Your lawyer may also request additional expert reports.

Your attorney will use information gathered during this phase to determine if your doctor committed malpractice. Doctors who deliver babies are trained to identify risk factors therefore if your doctor failed to identify one of these risks and your child suffered an injury due to the negligence you may be able to file a medical malpractice claim. Your lawyer will then decide whether to settle the case or pursue a trial. A trial would require you to present your case in front of a judge and jury.

Trial

The brachialplexus comprises a set of nerves that run from the spine up to the arm and shoulder. When medical experts pull an infant too hard during birth it can cause damage to the nerves, causing Erb's palsy. A successful lawsuit can award families with compensation to cover treatment and other expenses related to the condition.

To begin, arrange a consultation to determine if your child's injuries are due to medical negligence prior to birth. Your attorney will review the medical records of your child and other evidence to determine if malpractice was to blame for the injury.

After you and your legal team have agreed that malpractice is the cause then they can file a complaint with the court. The defendants have 30 days to respond. During this period each legal team will gather additional evidence in support of their respective sides which could include expert reports as well as personal testimony from witnesses.

Then the legal teams will attempt to find a solution. If they fail to resolve the matter, it will go to trial in front of the jury and a judge.