How an Erb's Palsy Lawsuit Can Ease Financial Burdens

Parents with children who suffer from the condition Erb's palsy have to pay huge medical expenses throughout the lifetime of their child. A successful brachial-plexus lawsuit could ease financial burdens.

The legal process to file a lawsuit against the condition is a complex one and requires the assistance of experienced malpractice attorneys in Arizona. Each case is unique, however the majority follow a pattern.

Medical Records

A lawyer will review the medical records of every patient when looking into an Erb's palsy lawsuit. These records will be used to determine how much the client could receive in compensation. This compensation can be used to pay for the cost of future and current medical expenses for physical therapy, surgery, and other treatments relating to the child's injury.

A lawyer will also take into account the potential economic losses that may result from the child's injuries. These could include lost wages and the cost of providing care, and other expenses. An experienced lawyer will be able to calculate all damages that could be incurred by the client.

Erb's spalsy occurs when brachial-plexus nerves are stretched or damaged in labor. It's among the most common birth injuries, and is often prevented. Doctors who fail to follow the accepted standards of care during delivery are liable for medical negligence. This kind of malpractice can include the failure to perform C section procedures or pulling too hard on the head or shoulders and the improper use of tools like forceps.

Interviews with Experts

The brachial nerve plexus is a set of nerves which regulates the arm movement. When you forcefully pull your shoulder, neck or arm that strains these nerves can cause injury and even Erb's palsy. The injury can negatively impact the quality of life for a newborn and they may not be able to play specific sports or participate in everyday tasks like buttoning a shirt.

Medical negligence during childbirth is responsible for the vast majority of the cases of erb's palsy lawyers palsy. Doctors who use the wrong type of delivery equipment or apply too much pressure during vaginal birth or c-section can stretch or tear the brachial plexus of a baby, resulting in an injury.

Depending on your case there may be compensation available for future and past medical expenses related to your injury. You may also be able to claim damages for lost wages and other economic losses. You can also file a claim for suffering and pain. It is important to select an attorney who has experience in handling cases involving birth trauma. The attorney will ensure that your claim is fully covered by all of the compensation you're entitled to.

Gathering Evidence

A successful Erb's lawsuit could result in compensation for a child’s medical expenses and future medical needs, and other damages. Although no amount of money will compensate the cost of a child's injury holding medical professionals accountable and obtaining compensation can help families get back control of their lives.

During this phase of litigation the lawyer will work with expert witnesses to study the medical records and determine if negligence caused the injury. It may also be necessary to get additional documents and depositions of witnesses and many more.

If lawyers have enough evidence to prove that a doctor has committed malpractice, they will typically attempt to negotiate a settlement of the court. This allows families to receive compensation quicker and eliminates the risk of a court verdict being overturned by an appeal. If a settlement can't be reached the lawyer will prepare you for trial. In a court trial the judge or jury will listen to the arguments of both parties and decide if the healthcare professional's actions were reasonable under the circumstances.

Filing a Complaint

If the case is successful, depending on the outcome of the case, you could receive compensation that will help pay for your child's treatment. A successful lawsuit will allow you to use your funds toward rehabilitation 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 to an experienced attorney as soon as possible. Your lawyer will file a lawsuit on behalf of you. The defendant will then have a specified amount of time to respond to your request, and your lawyer can seek additional expert opinions.

Your attorney will utilize the data gathered during this phase to determine if your doctor committed malpractice. Doctors who deliver babies undergo training to recognize risk factors, therefore if your doctor failed to identify one of these risks and your child suffered injury as a result it could be possible to file a medical malpractice claim. Your lawyer will decide whether or not to accept a settlement or to proceed to trial. A trial will involve presenting your case in front of jurors and a judge.

Trial

The brachialplexus is a collection of nerves that runs from the spine upwards to the shoulder and arm. If medical personnel pull an infant too hard during the delivery process this can cause damage to the nerves and lead to Erb's palsy. A successful lawsuit can compensate families to cover medical and other expenses related to the condition.

The first step is to schedule a consultation with an Erb's Palsy lawyer and determine whether your child's injuries are the result of medical negligence in the birth. Your attorney will review your child's medical records and other evidence to determine whether negligence was the primary reason for the injury.

If you and your legal team agree that negligence is at fault the lawyers will submit a complaint to the court. The defendants will have approximately 30 days to respond. During this period each legal team will collect more evidence to support their positions including personal accounts and expert reports from witnesses.

Both legal teams will then try to reach an agreement. If the two sides are not able to reach a resolution and the case is referred to a judge, it will be decided before an arbitrator and a judge.