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 course of their child's life. A successful lawsuit involving brachial plexus may ease the financial burdens.

The legal process to file an action against erb's paralysis is complicated and requires the assistance of a seasoned malpractice attorney in Arizona. Each case is unique, but the majority of cases follow a similar pattern.

Medical Records

If a lawyer is investigating an Erb's palsy lawsuit, they first examine all medical records. These records will be used in determining the amount of compensation that a person could be entitled to. This can be used to pay current and future medical bills for surgeries, physical therapy, and other treatments for the child's injury.

A lawyer will also consider the future economic consequences which could be incurred due to the injuries of their child. This could include lost wages and the cost of providing care, and other expenses. An experienced attorney can calculate all potential damages for the client.

Erb's Palsy is a condition that occurs when the brachial-plexus nerves are stretched or damaged in labor. It's one of the most common types birth injuries and is often prevented. Doctors who don't adhere to accepted standards of care during the birth can be held accountable for medical negligence. This kind of negligence includes: failure to perform C section procedures, pulling too hard on the head or shoulders, and improper usage of tools such as forceps.

Interviews with experts

The brachial plexus is a bundle of nerves which regulates the movement of the arm. When you forcefully pull your neck, shoulder or arm that strains these nerves can cause injury and even Erb's palsy. The injury can negatively impact the quality of life of a newborn as they may not be able participate in certain sports or engage in daily things like buttoning a shirt.

Medical negligence during childbirth accounts for the majority of cases of Erb's Palsy. Doctors who choose the wrong type of delivery tool or apply 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 compensation for future and past medical expenses that are related to the injury. You may also be entitled to damages if you've lost income or suffered other economic losses. You may also seek a claim on the basis of suffering and pain. It is important to select an attorney with experience in handling birth trauma cases. The attorney will make sure that you are compensated for all damages that you deserve.

Gathering Evidence

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

During this phase of litigation the lawyer will work with experts to review the medical records and determine if negligence caused the injury. It could also be necessary to get additional documents including depositions of witnesses and more.

When lawyers have sufficient evidence to show that a doctor was negligent The lawyers usually attempt to reach a settlement out of court. This allows families to receive compensation faster and eliminates the risk that a verdict in a trial could be overturned by an appeal. If a settlement can't be reached then your lawyer will prepare you for trial. In a trial the judge or jury will listen to both parties arguments and determine whether the healthcare professional acted in a reasonable manner in the circumstances.

Making a complaint

Depending on the outcome If the case is successful, you could receive compensation to help pay for the treatment of your child. If you win your lawsuit, you can use the winnings to fund physical therapy and assistive equipment for your child.

If you believe medical negligence was a factor in the Erb's palsy of your child and you believe that medical negligence was the cause, you should speak to an experienced attorney as soon as you can. Your lawyer will submit the complaint on your behalf. The defendant has a short time to respond. Your lawyer can also request additional expert reports.

Your lawyer will use the data gathered during this process to determine whether your doctor acted in a negligent manner. If your doctor was not able to follow his training to identify an issue that could be a risk and your child suffered injuries due to it then you could have grounds to pursue a claim based on medical malpractice. Your lawyer will then decide whether to settle the case or pursue a trial. A trial involves presenting your case before an impartial jury and a judge.

Trial

The brachialplexus is an accumulation of nerves which runs from the spine upwards to the arm and shoulder. Medical professionals can cause Erb's Palsy by pulling an infant too hard when they deliver the baby. Families could be awarded compensation for medical treatment and other expenses in the event of a successful lawsuit.

The first step is to schedule a consult with an Erb's Palsy lawyer and determine whether your child's injuries were the result of medical negligence during birth. The lawyer will look over the medical records of your child, as well as other evidence in order to determine if malpractice is at fault for their injuries.

After you and your legal team are of the same mind that malpractice is to blame, they will make a complaint to the court. The defendants will have 30 days to respond. During this period the legal teams of both sides will gather more evidence in support of their respective sides, including expert reports and personal testimonies from witnesses.

Then, both legal teams will work to reach a settlement. If they are not able to resolve the matter, it will be tried in front of the jury and a judge.