How an Erb's Palsy Lawsuit Can Ease Financial Burdens

The medical costs for parents of children who suffer from erb's palsy lawsuits Palsy are enormous. They will continue to be so throughout the entire life of the child. The financial compensation resulting from a successful brachial plexus lawsuit can help ease the financial burden.

The legal procedure to file a lawsuit against the condition is complicated and requires the assistance of a skilled malpractice lawyer in Arizona. Each case is unique, however the majority follow a pattern.

Medical Records

A lawyer will look over the medical records of every patient when investigating an Erb's Palsy lawsuit. These records are used to determine how much a plaintiff could receive in compensation. This compensation can help cover current and future medical bills for surgery, physical therapy, and other treatments for injuries to the child.

A lawyer also takes into account the economic damages that could result from the injuries suffered by their child. This could include lost wages, costs for caregiving as well as other costs. An experienced malpractice attorney will be able to estimate the possible damages for a client.

Erb's palsy happens when the brachial plexus nerves are stretched or damaged during labor. It's among the most common types birth injuries and is typically avoidable. Doctors who don't follow the accepted standards of care during the birth can be held accountable for medical negligence. Examples of this kind of malpractice are: failing to perform a C-section, pulling too hard on the head or shoulders and the inadvertent use of tools, such as forceps.

Interviews with Experts

The brachialplexus, or brachial nerve, is a system that regulates the movement of the arm. Erb's spalsy can occur by pulling the arm, neck or shoulder too excessively. The injury can affect the quality of life of a newborn, because they may not be able to perform certain sports or everyday activities like buttoning a t-shirt.

The majority of cases of erb's palsy law firms palsy result from medical negligence during childbirth. Doctors who use the wrong type of delivery tools or apply excessive pressure during vaginal birth or c-section may stretch or tear a baby's brachial tract and cause an injury.

Based on the circumstances of your case you may be entitled to an amount of compensation for future and past medical expenses resulting from 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. You should select an attorney who has experience in dealing with birth trauma cases. The lawyer will make sure that your claim will be able to cover all of the damages you deserve.

Gathering Evidence

A successful Erb's-Palsy lawsuit could result in compensation for the cost of a child's medical expenses and Erb's palsy future treatment needs and other damages. Although no amount of money can make up the costs of an injury to a child, holding medical professionals accountable and winning compensation can help families get back control of their lives.

During this phase of litigation, your lawyer will collaborate with experts to analyze medical records to determine if negligence was the cause of the injury. It could be necessary to obtain other documents, witness depositions, and much more.

When lawyers have enough evidence to prove that a doctor was negligent they typically try to reach a non-judicial settlement. This allows families to receive compensation quicker and also eliminates the possibility that a judge's decision could be overturned by an appeal. If a settlement can't be reached, your lawyer will prepare you for an appeal. In a court trial the judge or jury will listen to the arguments of both parties and determine if the healthcare professional was acting in a reasonable manner in the context of the situation.

Filing a Complaint

Based on the outcome of the case, you may be awarded compensation to aid in paying for your child's treatment. A successful lawsuit can allow you to put your money toward physical therapy and assistive devices for your child.

If you suspect that medical negligence played a role in your child's Erb palsy, it is important to speak with an experienced lawyer immediately. Your lawyer will file the complaint on your behalf. The defendant will then have a certain amount of time in which to respond and your lawyer may need to request additional expert reports.

Your attorney will make use of the information gathered during this phase to determine if your doctor committed malpractice. If your doctor erred in his training to identify the risk factor and your child suffered injuries because of it there is a possibility that you have grounds to pursue a claim based on medical malpractice. Your lawyer will decide whether or not to settle the case or to proceed to trial. A trial is the process of making your case known to a judge and jury.

Trial

The brachial plexus is a set of nerves running from the spine to the shoulder and arms. When medical personnel pull an infant too hard during delivery, this can damage the nerves and cause Erb's palsy. Families may be compensated for medical treatment and other expenses if they win a lawsuit.

The first step is to schedule a consultation with an Erb's Palsy lawyer and determine if your child's injuries are the result of medical negligence in 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 agreed that you are at fault for the malpractice the lawyer will file a court complaint. The defendants then be given a period of 30 days to respond. In this time each legal team will gather additional evidence in the defense of their respective sides such as expert reports and Erb's Palsy personal testimony from witnesses.

The legal teams will attempt to come to an agreement. If both sides are unable to reach a resolution then the case will be heard before jurors and a judge.