How an Erb's Palsy Lawsuit Can Ease Financial Burdens

Parents of children suffering from Erb's palsy face enormous medical expenses throughout their child's lifetime. A successful lawsuit involving brachial plexus may ease the financial burdens.

The legal process to file a lawsuit against erb's paralysis is complex and requires assistance of a skilled malpractice lawyer in Arizona. Each case is unique however, the majority of cases follow the same pattern.

Medical Records

A lawyer will examine all medical records when investigating an Erb's Palsy lawsuit. These records are used to determine how much a person could be entitled to compensation. This can be used to pay future medical bills for surgeries, physical therapy and other treatment options for the child's injuries.

A lawyer will also consider the potential future economic losses that could result from the injury of their child. These could include expenses for caregiving, lost wages and other costs. An experienced lawyer will be able to calculate all potential damages for the client.

erb's palsy attorneys Palsy is a condition that occurs when the brachial plexus nerves are stretched or damaged during labor. It's one of the most common birth injuries and is often prevented. Medical negligence is a crime that can be brought against doctors who fail to follow accepted guidelines for the delivery of an infant. Some examples of this type of malpractice include: failure to perform C-sections, pulling too hard on the shoulders or head, and inadvertent use of tools, such as forceps.

Interviews with experts

The brachialplexus, or brachial nerve, is a system that regulates the movement of the arm. Erb's spalsy can occur by pulling the arm, neck or shoulder too hard. The injury can impact a newborn's quality of life as they may not be able to play certain sports or do day-to-day activities such as buttoning a shirt.

The majority of cases of Erb's Palsy result from medical negligence during childbirth. Doctors who use the wrong type of delivery tools or apply excessive pressure during a vaginal birth or c-section can stretch or tear a baby's brachial plexus which can result in a laceration.

Based on the circumstances of your case there may be compensation offered for future and past medical expenses related to the injury. You may also seek damages for lost wages as well as other economic losses. In addition, you can make a claim for suffering and pain. You should select an attorney who has experience in dealing with birth trauma cases. The attorney will make sure that you get all damages that you deserve.

Gathering Evidence

A successful Erb's palsy lawsuit could result in compensation to cover the costs of medical expenses as well as future treatment requirements, 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 can help families gain back control of their lives.

In this phase of the litigation the lawyer will work with experts to review the medical records and determine if negligence is the reason for the injury. It may also be necessary to get additional documents witness depositions, and more.

If the lawyers have sufficient evidence to show that a medical professional was negligent and they are able to negotiate an out-of-court settlement. This will allow families to receive compensation faster and reduces the chance that a verdict in a trial could be overturned in an appeal. If a settlement is not reached the lawyer will prepare you for the possibility of a trial. In a trial the judge or jury will hear both sides arguments and decide whether the healthcare professional behaved in a reasonable manner under the circumstances.

The process of filing a complaint

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

If you suspect that medical negligence was a factor in your child's Erb's palsy then you must speak to an experienced attorney as soon as possible. Your lawyer will file a lawsuit on behalf of you. The defendant will then be given a specific amount of time to respond and your lawyer may need to request additional expert reports.

Your attorney will utilize the information gathered during this phase to determine whether your doctor was negligent. If your doctor failed in his education to recognize a risk factor and your child suffered injuries as a result, you may have grounds to pursue a claim based on medical malpractice. Your lawyer will decide whether to settle the case or to go to trial. A trial is the process of making your case known to an impartial jury and a judge.

Trial

The brachialplexus comprises a set of nerves that run from the spine all the way to the shoulder and arm. When medical experts pull an infant too hard during birth it could damage the nerves and cause erb's palsy law firm palsy. A successful lawsuit could be awarded to families compensation to cover the cost of treatment and other expenses associated with the condition.

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

Once you and your legal team agree that you are at fault for the malpractice the lawyer will file a court complaint. The defendants have 30 days to respond. During this period, both legal teams will gather additional evidence in support of their own sides, including expert reports and personal testimony from witnesses.

The legal teams will try to reach an agreement. If they are unable to agree to a settlement, the case will go to trial before an arbitrator and judge.