How an Erb's Palsy Lawsuit Can Ease Financial Burdens

Parents of children suffering from Erb's palsy face enormous medical expenses throughout the course of their child's life. A successful brachial-plexus lawsuit may help alleviate financial burdens.

The legal procedure for filing a lawsuit against erb's paralysis is complicated and requires the assistance of a skilled malpractice lawyer in Arizona. Each case is different however, the majority follow the same pattern.

Medical Records

A lawyer will review all medical records while investigating an Erb's Palsy lawsuit. These records will be used in determining how much compensation a client may receive. This compensation could be used to pay for future and current medical costs for physical therapy, surgery, and other treatments that are related to the child's injury.

A lawyer will also consider the future economic consequences which could be incurred due to the injuries suffered by their child. These could include lost wages, costs for caregiving and other expenses. A seasoned malpractice attorney can calculate all the potential damages for the client.

Erb's palsy happens when the brachial plexus nerves get stretched or damaged during labor. It's among the most common types of birth injuries, and is usually preventable. Doctors who fail to adhere to accepted standards of care during delivery can be held liable for medical negligence. Examples of this kind of malpractice include: failure to perform a C-section, saju1004.net pulling too hard on the shoulders or head as well as inappropriate use of tools such as forceps.

Interviews with Experts

The brachial complex is a bundle of nerves that control arm movement. When you forcefully pull your arm, shoulder or neck that stretches these nerves can cause damage and lead to Erb's palsy. The injury can impact the quality of life for a newborn since they may not be able perform certain activities or sports like buttoning a t-shirt.

Medical negligence during childbirth accounts for the vast majority of cases of Erb's palsy. Doctors who make the wrong type of delivery instrument or apply too excessive force during a vaginal or c-section birth can stretch or tear the baby's brachial tube leading to injury.

Depending on your case there may be compensation available for future and past medical expenses related to your injury. You may also claim damages if you've lost wages or suffered any other economic losses. You may also submit a claim based upon suffering and pain. You should choose an attorney who is experienced dealing with 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 for the costs of medical expenses as well as future treatment requirements, and other damages. There is no way to be enough to compensate for the injuries a child has suffered. However being able to hold medical professionals accountable and winning compensation can give families some control over their lives.

During this phase of litigation the lawyer will work with expert witnesses to study the medical records and determine if negligence was the cause of the injury. It may be necessary to obtain additional documents, witness depositions and much more.

If the lawyers have enough evidence to show that a doctor acted negligently, they will typically attempt to reach a settlement out of court. This will allow families to receive their compensation sooner and eliminates the risk that a verdict in a trial could be invalidated by an appeal. If a settlement is not reached your lawyer will prepare you for an appeal. In the course of a trial an impartial jury or judge will listen to both parties arguments and decide if the healthcare professional acted reasonably under the circumstances.

How to file a complaint

Based on the outcome of the case, you could be awarded compensation to assist in the cost of your child's treatment. A successful lawsuit can allow you to use your funds towards the physical therapy and assistive devices for your child.

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

Your lawyer will use the information gathered during this phase to determine whether your doctor was negligent. Doctors who deliver babies undergo training to recognize risk factors, so if the doctor failed to identify one of these risks and your child was injured as a result you may be able to file a medical malpractice claim. Your lawyer will decide if to settle for a settlement or to pursue a trial. A trial involves presenting your case before an impartial jury and a judge.

Trial

The brachial is a group of nerves that run from the spine to the shoulder and arms. Medical experts can cause Erb's -Plasy by pulling the infant too hard when delivering the baby. A successful lawsuit can compensate families for treatment and other costs associated with the condition.

The first step is to schedule a consult with an Erb's palsy lawyer and determine if your child's injuries were caused by medical negligence at the time of birth. Your attorney will examine your child's medical records and other evidence to help you decide whether negligence was the primary reason for the injury.

Once you and your legal team have agreed that malpractice is at fault and they have agreed to submit a complaint to the court. The defendants have 30 calendar days to respond. In this time, both legal teams will gather more evidence to support of their sides such as expert reports and personal testimony from witnesses.

Then the legal teams will work to reach a settlement. If the two sides are unable to reach a settlement then the case will be heard before an arbitrator and a judge.