How an Erb's Palsy Lawsuit Can Ease Financial Burdens

Parents with children who suffer from Erb's Palsy are faced with huge medical expenses throughout the lifetime of their child. A successful lawsuit involving brachial plexus may help alleviate financial burdens.

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

Medical Records

If a lawyer is investigating an Erb's Palsy lawsuit, they first examine all medical records. These documents will be used in determining the amount of compensation that a client may receive. This compensation could help pay for current and lawsuits future medical bills for physical therapy, surgeries, and other treatments for injuries to the child.

A lawyer will also take into consideration the potential future economic losses that might occur due to the injuries suffered by their child. This could include lost earnings, the cost of caregiving and other costs. A skilled malpractice attorney will be able to calculate all the potential damages for the client.

Erb's Palsy is a condition that occurs when the brachial plexus nerves are stretched out or damaged in labor. It's one of the most frequent birth injuries, and is often avoidable. Medical negligence can be charged against doctors who do not adhere to accepted standards of care when they deliver an infant. Examples of this type of malpractice include: failure to perform C-sections correctly, pulling too hard on the head or shoulders, and improper use of tools like forceps.

Interviews with Experts

The brachial plexus is a bundle of nerves that regulates arm movement. Erb's Palsy can be caused by pulling the neck, arm or shoulder too excessively. The injury can impact a newborn's quality of life as they may not be able to take part in specific sports or participate in everyday tasks like buttoning a shirt.

The majority of cases of Erb's palsy are caused by medical mistakes during childbirth. Doctors who choose the wrong type of delivery equipment or apply too much pressure during vaginal birth, or a c-section, can stretch or tear the brachial plexus of a baby and cause an injury.

Depending on your case there may be compensation available for future and past medical costs related to the injury. You may also seek damages for lost wages and other economic losses. You can also submit a claim based upon suffering and pain. It is crucial to select an attorney with experience in birth trauma cases. The lawyer will ensure 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 as well as future needs for treatment and other damages. There is no way to cover the cost of a child's injury. However, holding medical professionals responsible and winning compensation can give families some control over their life.

During this phase of legal process, your lawyer will work with experts to examine medical records and determine if negligence caused the injury. It could be necessary to obtain additional documents, witness depositions and more.

If the lawyers have sufficient evidence to prove that the physician committed malpractice and they are able to reach an out-of-court settlement. This will allow families to receive compensation quicker and eliminates the risk that a verdict in a trial could be overturned in an appeal. If a settlement cannot be reached then your lawyer will prepare you for trial. In a court case, a judge or jury will hear the arguments of both sides and determine if the healthcare professional was acting in a reasonable manner under the circumstances.

Making a complaint

In the event of a successful outcome If the case is successful, you could receive compensation to pay for the treatment of your child. A successful lawsuit will allow you to use your funds towards rehabilitation and assistive devices for your child.

If you suspect that medical negligence played a role in the Erb's palsy of your child then you must speak to an experienced attorney as soon as you can. Your lawyer will make the complaint on your behalf. The defendant is given a certain time to respond. Your lawyer can also request additional expert reports.

Your lawyer will use the data gathered during this process to determine if your doctor committed malpractice. Doctors who deliver babies undergo training to identify risk factors therefore if your doctor failed to identify one of these risks and your child suffered an injury as a result, you may be able to make a claim for medical malpractice. Your lawyer will decide if to settle for a settlement or if you want to go to trial. A trial involves presenting your case in front of jurors and a judge.

Trial

The brachialplexus is a group of nerves that run from the spine to the arm and shoulder. When medical professionals pull an infant too hard during the delivery process, this can damage the nerves and cause Erb's palsy. Families may be compensated for medical treatment and lawsuits other expenses when they win a lawsuit.

The first step is to schedule a consult with an Erb's lawyer and determine if your child's injuries are the result of medical negligence at the time of birth. The lawyer will look over the medical documents of your child as well as other evidence in order to determine whether malpractice is at fault for their injuries.

Once you and your legal team are of the same mind that malpractice is the cause and they submit a complaint to the court. The defendants will have 30 days to respond. In this time the legal teams will collect more evidence to back their arguments like expert reports and personal accounts from witnesses.

Then, both legal teams will try to reach a settlement. If they are unable to resolve the matter, it will go to trial before jurors and a judge.