How an Erb's Palsy Lawsuit Can Ease Financial Burdens

The medical costs for parents of children who suffer from Erb's palsy are huge. They will continue to be that way throughout the entire life of the child. The compensation from an effective brachial-plexus lawsuit can help alleviate the financial burden.

The legal procedure for filing a lawsuit for erb's paralysis is complex and requires the assistance of a skilled malpractice lawyer in Arizona. Each case is different, but most follow a similar pattern.

Medical Records

If a lawyer is investigating an Erb's palsy lawsuit, they will first go through all medical records. These records will be used in determining the amount of compensation that a client may receive. This can be used to pay current and future medical bills for surgery, physical therapy, and other treatment options for the child's injuries.

A lawyer will also consider the potential economic loss that may result from the child's injuries. This could include lost wages, the cost of caregiving and other expenses. An experienced attorney for malpractice can estimate the possible damages for a client.

Erb's palsy happens when the brachial plexus nerves are stretched or damaged during labor. It's one of the most common birth injuries and is often avoidable. Medical negligence can be a charge against doctors who fail to adhere to accepted standards of care when delivering the baby. This kind of malpractice can include: failure to perform C section procedures, pulling too hard on shoulders or head, and improper use of tools like forceps.

Interviews with experts

The brachialplexus nerve is a bundle which controls the movement of the arm. Forceful pulling on the arm, shoulder or neck that stretches these nerves can cause damage and result in Erb's palsy. The injury could affect the quality of life for a newborn because they may not be able do certain activities or sports like buttoning a t-shirt.

The vast majority of cases of Erb's Palsy result from medical mistakes during childbirth. Doctors who use the wrong delivery tools or apply too much pressure during a vaginal birth or c-section can stretch or tear a baby's brachial tract and cause an injury.

Depending on your case depending on your situation, compensation may be available for future and past medical expenses related to the injury. You may also seek damages for lost wages and other economic losses. You can also make a claim for pain and suffering. You should choose an attorney who has experience in dealing with birth trauma cases. The attorney will make sure that you receive all the damages you deserve.

Gathering Evidence

A successful Erb's palsy lawsuit could result in compensation for the cost of a child's medical expenses as well as future treatment requirements, and other damages. The amount of money you pay will not be enough to compensate for the injuries a child has suffered. However being able to hold medical professionals accountable and obtaining compensation could provide families with some control over their life.

During this stage of the litigation your lawyer will collaborate with expert witnesses to analyze the medical records and determine if negligence was the cause of the injury. It may also be necessary to get additional documents including depositions of witnesses and many more.

If lawyers are able to gather enough evidence to prove that a medical professional was negligent they typically try to reach an out-of-court settlement. This method allows families to receive their compensation faster and eliminates the risk that a verdict from a trial could be rescinded by appeal. However, if a settlement is not possible then your lawyer will prepare for a trial. In a court trial, the judge or jury will hear the arguments of both sides and decide if the healthcare professional acted reasonable in the context of the situation.

Filing a complaint

If the case is successful the outcome could award you an amount of money to help with the treatment of your child. If you prevail in your lawsuit, you could use the money to fund rehabilitation equipment and physical therapy for your child.

If you suspect that medical negligence is a cause of your child's Erb palsy, it is essential to consult an experienced attorney right away. Your lawyer will make the complaint on your behalf. The defendant will have a limited time to respond. Your lawyer can also request additional expert reports.

Your attorney will utilize the information gathered during this process to determine if the doctor you saw committed malpractice. Doctors who deliver babies are trained to recognize risk factors, therefore if your doctor failed to identify one of these risks and your child suffered injury due to the negligence, you may be able to pursue a medical malpractice claim. Your lawyer will decide if to accept a settlement or proceed to trial. A trial would involve presenting your case before jurors and a judge.

Trial

The brachialplexus is a group of nerves that run from the spine to the arm and shoulder. If medical personnel pull an infant too much during birth, this can damage the nerves and cause Erb's palsy. Families may receive compensation for medical treatment and other expenses in the event of a successful lawsuit.

The first step is to schedule a meeting with an Erb's palsy attorney and determine whether your child's injuries were the result of medical negligence during birth. Your lawyer will look over your child's medical records as well as other evidence to help you determine whether negligence was the primary reason for the injury.

After you and your legal team have decided that the malpractice was at fault the lawyer will submit a complaint to the court. The defendants have 30 calendar days to respond. During this period the legal teams will seek out additional evidence to support their claims including expert reports and personal accounts from witnesses.

Both legal teams will then try to reach an agreement. If both sides are unable to reach a resolution the case will be heard before the jury and judge.