How an Erb's Palsy Lawsuit Can Ease Financial Burdens

The medical costs for parents of children suffering from Erb's Palsy are astronomical. They will continue to be so throughout the lifetime of the child. Compensation from an effective brachial-plexus lawsuit could ease the financial burden.

The legal process for filing a lawsuit for erb's paralysis is a complex one and requires the assistance of experienced malpractice attorneys in Arizona. Each case is different, but the majority of cases follow a similar pattern.

Medical Records

A lawyer will look over all medical records in the course of researching an Erb's Palsy lawsuit. These records are used to determine the amount the client could receive in compensation. This compensation can be used to pay for future and current medical costs for physical therapy, surgery, and other treatments relating to the child's injuries.

A lawyer also takes into account the potential economic loss which could be incurred due to the injuries sustained by their child. This could include lost wages, costs for caregiving and other costs. An experienced malpractice attorney can estimate the damages that could be incurred by the client.

Erb's palsy happens when the brachial-plexus nerves become stretched or damaged during labor. It is one of the most frequent birth injuries and is often prevented. Medical negligence can be charged against doctors who fail to adhere to accepted standards of care when they deliver an infant. Some examples of this type of malpractice are: failing to perform a C-section, pulling too hard on the head or shoulders and misuse of tools such as forceps.

Interviews with experts

The brachial plexus is a group of nerves that control arm movement. Erb's Palsy can be caused by pulling the neck, arm or shoulder too far. The injury could impact the quality of life of a newborn, as they might not be able to participate in certain sports or everyday activities like putting on a t-shirt.

The vast majority of Erb's palsy cases 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 can stretch or tear the brachial plexus of a baby and cause an injury.

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

Gathering Evidence

A successful Erb's Palsy lawsuit could result in compensation to cover the costs of medical expenses, future treatment needs, and other damages. While 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 some control over their lives.

In this phase of 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 evidence to show that a doctor committed malpractice The lawyers will usually attempt to negotiate a settlement out of court. This allows families to receive their money more quickly and avoids the possibility that a court verdict could be rescinded by appeal. If a settlement cannot be reached your lawyer will prepare you for a trial. In a court trial the judge or jury will hear the arguments of both sides and decide whether the healthcare professional acted reasonable in the context of the situation.

The process of filing a complaint

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

If you suspect that medical negligence caused your child's Erb palsy, it is important to speak to an experienced attorney as soon as possible. Your lawyer will file a lawsuit on your behalf. The defendant will then have a certain amount of time to reply to your request, and your lawyer can require additional expert reports.

Your attorney will use information gathered in this phase to determine if your doctor committed malpractice. Doctors who deliver babies are trained to identify risk factors so if your doctor failed to recognize a risk and your child suffered an injury due to the negligence then you could be able to make a claim for medical malpractice. Your lawyer will then decide if you want to settle the case or pursue a trial. A trial would involve presenting your case to jurors and a judge.

Trial

The brachial plexus is a group of nerves that connect the spine to the shoulder and arms. Medical experts can cause Erb's -Plasy by pulling an infant too hard when they deliver the baby. A successful lawsuit can compensate families to cover medical and other expenses associated with the condition.

The first step is to schedule a meeting with an erb's palsy lawsuits lawyer and determine whether your child's injuries are the result of medical negligence during the birth. Your attorney will review your child's medical records and Erb's palsy lawsuit other evidence to determine if malpractice was to blame for the injury.

After you and your legal team agree that negligence is at fault the lawyers will submit a complaint to the court. The defendants will then be given a period of 30 days to respond. During this period both legal teams will seek out additional evidence to support their positions including personal accounts and expert reports from witnesses.

Then the legal teams will attempt to reach a settlement. If the two sides are unable to reach a resolution, then the case will be heard in front of a jury and judge.