How an Erb's Palsy Lawsuit Can Ease Financial Burdens

The medical expenses for parents of children who suffer from Erb's psy are staggering. They will remain so throughout the life of the child. Compensation from a successful brachial plexus lawsuit can ease those financial burdens.

The legal procedure to file a lawsuit against the condition is a complex one and requires the assistance of a skilled malpractice lawyer in Arizona. Each case is different, Erb's Palsy lawsuit but the majority follow a pattern.

Medical Records

A lawyer will go through the medical records of every patient when investigating an Erb's Palsy lawsuit. These records will be used to determine how much a plaintiff could receive in compensation. This money can be used to cover future medical bills for surgeries, physical therapy and other treatments for the child's injury.

A lawyer will also take into consideration the future economic consequences that could occur due to the injury of their child. These could include the loss of wages, caregiving costs, and other expenses. An experienced malpractice attorney will be able to calculate the damages that could be incurred by the client.

Erb's palsy occurs when the brachial plexus nerves get stretched or damaged during labor. It's one of the most common types of birth injuries and is often avoidable. Doctors who don't adhere to accepted guidelines for care during birth could be held accountable for medical negligence. Some examples of this type of negligence include: failing to perform a C-section, pulling too hard on the head or shoulders and the misuse of tools such as forceps.

Interviews with Experts

The brachial plexus is a group of nerves that control movement of the arm. When you forcefully pull your arm, shoulder or neck that strains these nerves can cause injury and even Erb's palsy. The injury can affect the quality of life of newborns as they may not be able participate in certain sports or perform day-to-day things like buttoning a shirt.

Medical negligence during childbirth is responsible for the majority of Erb’s palsy cases. Doctors who use the wrong kind of delivery tool or apply too much force during a vaginal or c section birth could stretch or tear the baby's brachial tube, leading to injury.

Based on the circumstances of your case you could be entitled to an amount of compensation for future and past medical expenses that are related to the injury. You may also seek damages for lost wages and other economic losses. You can also bring a claim for suffering and pain. It is essential to choose an attorney who has experience in handling birth trauma cases. The lawyer will ensure that you get all the compensation you're entitled to.

Gathering Evidence

A successful erb's palsy attorney palsy suit could result in compensation for a child’s medical expenses and future treatment needs, and other damages. Although no amount of money can make up 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.

At this point in the litigation the lawyer will work with expert witnesses to study the medical records and determine if negligence is the reason for the injury. It could be necessary to obtain other documents, Erb's Palsy Lawsuit witness depositions and much more.

When lawyers have enough evidence to prove that a medical professional was negligent, they usually try to negotiate an out-of-court settlement. This process allows families to receive compensation more quickly and eliminates the risk that a trial verdict might be overturned through an appeal. If a settlement can't be reached then your lawyer will prepare you for trial. In a trial in a courtroom, jurors or judges will listen to the arguments of both sides and decide 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 a compensation amount that can help pay for your child's treatment. A successful lawsuit will permit you to use your funds toward the physical therapy and assistive devices for your child.

If you suspect medical negligence was a factor in your child's Erb palsy, it's essential to consult an experienced lawyer immediately. Your lawyer will file a complaint on your behalf. The defendant has a limited time to respond. Your lawyer can also request additional expert reports.

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

Trial

The brachial is a group of nerves running from the spine to the shoulder and arms. If medical experts pull an infant too hard during the delivery process it can cause damage to the nerves, causing Erb's palsy. Families may be compensated for treatment costs and other expenses in the event of a successful 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 during the birth. Your attorney will review the medical records of your child as well as other evidence to determine if malpractice is to blame for their injuries.

Once you and your legal team have decided that the malpractice was at fault and they have agreed to make a court complaint. The defendants then have about 30 days to respond. In this period each legal team will seek out additional evidence to support their claims including expert reports and personal accounts from witnesses.

Then, both legal teams will work to come to a settlement. If they are not able to settle, the case will go to trial before the jury and a judge.