How an Erb's Palsy Lawsuit Can Ease Financial Burdens

Parents of children suffering from Erb's palsy face enormous medical costs throughout the lifetime of their child. The benefits of an effective brachial-plexus lawsuit can help ease the financial burden.

The legal process for filing a lawsuit against the condition is complicated and requires the assistance of experienced malpractice attorneys in Arizona. Each case is unique however, the majority of cases follow a similar pattern.

Medical Records

When a lawyer investigates an Erb's palsy suit, they will first review all medical records. These records will be used to determine the amount the client could receive in compensation. This money can be used to cover future medical expenses for physical therapy, surgeries, and other treatment options for the child's injuries.

A lawyer will also take into consideration the economic damages which could be incurred due to the injuries sustained by their child. These could include lost wages as well as the cost of caring for and other expenses. An experienced malpractice attorney can estimate the damages that could be incurred by the client.

Erb's spalsy occurs when brachial-plexus nerves become stretched or damaged during labor. It's among the most common types of birth injuries and is usually prevented. Medical negligence can be blamed against doctors who fail to follow accepted standards of care when they deliver the baby. This type of malpractice includes: failure to perform C-sections as well as pulling too much on shoulders or head, and improper usage of tools like forceps.

Interviews with experts

The brachialplexus is a nerve that regulates the movement the arm. Erb's palsy can be caused by pulling the arm, neck or shoulder too far. The injury can impact a newborn's quality of life and they may not be able participate in certain sports or perform day-to-day tasks like buttoning a shirt.

The majority of Erb's palsy cases result from medical negligence during childbirth. Doctors who use the incorrect kind of delivery tool or use too excessive force during a vaginal or c-section birth could stretch or tear the baby's trachea tube, which can cause injury.

Based on the circumstances of your case you may be entitled to an amount of compensation for future and past medical expenses related to the injury. You may also claim damages if you've lost wages or suffered other economic losses. You can also file a claim based on suffering and pain. It is important to choose an attorney who has experience in handling birth trauma cases. 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-Palsy lawsuit could result in compensation to pay the costs of medical expenses, future treatment needs, and other damages. The amount of money you pay will not make up for the injury a child suffered. However being able to hold medical professionals accountable and winning compensation may give families a bit of control over their lives.

In this phase of litigation, you lawyer will work with experts to analyze medical records to determine if negligence was the cause of the injury. It is possible to obtain other documents, witness depositions, and more.

If the lawyers have sufficient evidence to prove that a physician committed malpractice they typically try to reach a non-judicial settlement. This will allow families to receive compensation quicker and also avoids the possibility of a court verdict being invalidated by an appeal. If the settlement is not feasible, your attorney will prepare for a trial. In a trial where a jury or judge will listen to both parties arguments and determine whether the healthcare professional behaved in a reasonable manner in the circumstances.

The process of filing a complaint

Depending on the outcome the case, you could be awarded compensation to assist in the cost of your child's treatment. A successful lawsuit can allow you to put your money towards rehabilitation and assistive devices for your child.

If you believe that medical negligence contributed to your child's Erb's syndrome and you believe that medical negligence was the cause, you should speak to an experienced attorney as soon as possible. Your lawyer will submit the complaint on your behalf. The defendant will then have a specified amount of time to reply and your lawyer may require additional expert reports.

Your attorney will use the information gathered during this stage to determine if your doctor acted in a negligent manner. If your doctor failed in his training to identify an issue that could be a risk and your child suffered injuries as a result of it then you could have grounds to file a lawsuit for medical malpractice. Your lawyer will then decide if you want to accept a settlement or pursue a trial. A trial would involve presenting your case in front of the jury and a judge.

Trial

The brachial complex is a collection of nerves which run from the spine to the shoulders and arms. Medical professionals can cause Erb's palsy by pulling an infant too hard when delivering the baby. A successful lawsuit could award families with compensation to cover medical and other expenses related to the condition.

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

Once you and your legal team agree that malpractice is at fault and they have agreed to file a lawsuit in court. The defendants then have approximately 30 days to respond. In this time the legal teams will gather more evidence in support of their sides, including expert reports and personal testimonies from witnesses.

Then, both legal teams will work to come to a settlement. If they fail to settle, the case will be heard before the jury and a judge.