How an Erb's Palsy Lawsuit Can Ease Financial Burdens

The medical expenses for parents of children suffering from Erb's Palsy are enormous. They will continue to be so throughout the child's life. A successful brachial-plexus lawsuit may help alleviate financial burdens.

The legal process for filing a lawsuit for erb's paralysis is complex 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 attorneys palsy lawsuit, they first look over all medical records. These records are used to determine the amount a plaintiff could receive in compensation. This compensation could help pay for attorneys the cost of medical bills for the future as well as for surgeries, physical therapy and other treatments for the child's injury.

A lawyer should also consider the future economic losses that could result from the injuries of their child. These could include lost wages, caregiving costs and other costs. A seasoned malpractice attorney can calculate all possible damages for the client.

Erb's palsy occurs when the brachial plexus nerves get stretched or damaged during labor. It's among the most frequent birth injuries, and it's often preventable. Doctors who don't adhere to the accepted standards of care during the birth can be held liable for attorneys medical negligence. Examples of this type of malpractice include: failing to perform C-sections correctly, pulling too hard on the head or shoulders as well as misuse of tools such as forceps.

Interviews with Experts

The brachial complex is a bundle of nerves that control movement of the arm. Erb's Palsy is caused by pulling the arm, neck or shoulder too far. The injury can affect the quality of life of a newborn, since they may not be able to perform certain activities or sports like buttoning a t-shirt.

The majority of cases of Erb's syndrome result from medical negligence during childbirth. Doctors who use the incorrect kind of delivery tool or use too much force during a vaginal birth or a c-section can stretch or tear the baby's brachial tubes, resulting in injury.

Based on the circumstances of your particular case, you could be entitled to the compensation you deserve for past and future medical expenses arising from the injury. You may also be entitled to damages if you have lost wages or suffered other economic losses. Additionally, you can make a claim for pain and suffering. You should choose an attorney with experience in dealing with birth trauma cases. The attorney will make sure that you are compensated for all damages you deserve.

Gathering Evidence

A successful lawsuit for Erb's palsy could result in compensation that covers the costs of medical bills, future treatment needs, and other damages. While no amount will compensate for a child's injury, holding medical professionals accountable and obtaining compensation can help families gain back control of their lives.

During this stage of the litigation your lawyer will collaborate with experts to review the medical records and determine if negligence is the reason for the injury. It could also be necessary to obtain additional documents and depositions of witnesses and more.

If lawyers have enough evidence to show that a doctor acted negligently, they will typically attempt to negotiate a settlement outside of court. This method allows families to receive compensation quicker and also eliminates the possibility that a trial verdict might be overturned through an appeal. However, if it is not possible to settle the case your lawyer will prepare for a trial. In a trial where a jury or judge will listen to both parties arguments and decide if the healthcare professional acted reasonably under the circumstances.

How to file a complaint

Based on the outcome, you could be awarded compensation to help pay for the treatment of your child. If you win your lawsuit you could use the money to purchase aidive equipment and physical therapy for your child.

If you believe medical negligence caused 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 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 utilize the information gathered during this process to determine if your doctor was negligent. Doctors who deliver babies undergo training to recognize risk factors, therefore if your doctor failed to recognize one of these risks and your child suffered an injury as a result then you could be able to file a medical malpractice claim. Your lawyer will decide if to accept a settlement or to pursue a trial. A trial involves the presentation of your case to an impartial jury and a judge.

Trial

The brachialplexus is a group of nerves that run from the spine to the arm and shoulder. Medical professionals can cause Erb's Palsy by pulling the infant too hard when delivering the baby. Families could be awarded compensation for treatment and other expenses when they win a lawsuit.

To begin, you must consult with a lawyer to determine if the injuries suffered by your child are the result of medical negligence at the time of birth. Your lawyer will go over the medical documents of your child as well as other evidence to determine if negligence is the reason for their injuries.

After you and your legal team agree that there was a mistake, they will file a court complaint. The defendants will have about 30 days to respond. In this time each legal team will seek out additional evidence to support their positions including personal accounts and expert reports from witnesses.

Both legal teams will then attempt to reach an agreement. If they are unable to resolve the matter, it will go to trial before a judge and jury.