How an Erb's Palsy Lawsuit Can Ease Financial Burdens

Parents with children who suffer from the condition Erb's palsy have to pay huge medical costs throughout the course of their child's life. The financial compensation resulting from a successful lawsuit for brachial plexus can help ease the financial burden.

The legal process to file a lawsuit against the condition is a complex one and requires the assistance of an experienced malpractice attorney in Arizona. Each case is unique, but the majority follow a pattern.

Medical Records

A lawyer will examine all medical records while investigating an Erb's Palsy lawsuit. These documents will be used when determining the amount of compensation that the client could receive. The compensation may be used to pay for the cost of future and current medical expenses for surgeries, physical therapy, and other treatments that are related to the child's injury.

A lawyer will also take into account the future economic loss that might occur due to their child's injury. These could include lost wages, costs for caregiving and other expenses. A skilled malpractice attorney will be able to calculate the possible damages for a client.

Erb's palsy happens when the brachial plexus nerves get stretched or damaged during labor. It's one of the most frequent birth injuries, and is often prevented. Doctors who don't follow the accepted standards of care for Erb's palsy lawsuit babies during birth are liable for medical negligence. This kind of malpractice can include: failing to perform C-sections properly, pulling too hard on shoulders or head, and improper use of tools such as forceps.

Interviews with Experts

The brachialplexus, or brachial nerve, is a system that regulates the movement the arm. Forceful pulling on the shoulder, neck or arm that stretches these nerves can cause damage and eventually lead to Erb's palsy. The injury could impact a newborn's life quality, as they may not be able do certain sports or everyday activities like buttoning a 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 a vaginal or c-section birth can stretch or tear the baby's brachial tube, which can cause injury.

Based on the situation depending on your situation, compensation may be available for past and future medical costs related to the injury. You may also be entitled to damages if you've lost income or suffered other economic losses. In addition, you can make a claim for suffering and pain. It's important that you choose an attorney who has experience in handling birth trauma cases. The attorney will make sure that you get all the damages you are entitled to.

Gathering Evidence

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

In this phase of the litigation your lawyer will collaborate with experts to review the medical records and determine if negligence caused the injury. It is possible to obtain additional documents, witness depositions and more.

If the lawyers have sufficient proof to prove that a medical professional was negligent, they usually try to negotiate an out-of-court settlement. This process allows families to receive their money more quickly and also eliminates the possibility that a trial verdict might be rescinded by appeal. If a settlement cannot be reached your lawyer will prepare you for an appeal. In a court case, the judge or jury will hear the arguments of both parties and decide if the healthcare professional was acting in a reasonable manner under the circumstances.

How to file a complaint

In the event of a successful outcome the outcome could award you compensation to help pay for the treatment of your child. If you win your lawsuit, you could use the money to fund assistance equipment and physical therapy 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 immediately. Your lawyer will submit the complaint on your behalf. The defendant is then given a certain period of time to respond and your lawyer may require additional expert reports.

Your attorney will use information gathered during this stage to determine whether your doctor committed malpractice. If your doctor erred in his education to recognize the risk factors and your child was injured due to it and Erb's Palsy Lawsuit you are able to prove it, you could be able to file a lawsuit for medical malpractice. Your lawyer will decide whether or not to settle the case or to go to trial. A trial is the process of presenting your case before an impartial jury and a judge.

Trial

The brachial plexus is a set of nerves that connect the spine to the shoulder and arms. Medical professionals can cause Erb's palsy by pulling the infant too hard when delivering the baby. A successful lawsuit can award families with compensation to cover treatment and other costs associated with the condition.

The first step is to schedule a meeting with an Erb's palsy lawyer and determine whether your child's injuries were the result of medical negligence during the birth. Your lawyer will look over the medical records of your child as well as other evidence to determine if malpractice was to blame for the injury.

Once you and your legal team have decided that there was a mistake, they will file a court complaint. The defendants will have approximately 30 days to respond. During this period the legal teams of both sides will gather more evidence in support of their respective sides such as expert reports and personal testimony from witnesses.

Then, both legal teams will work to find a solution. If both sides fail to reach a settlement then the case will be decided before the jury and judge.