How an Erb's Palsy Lawsuit Can Ease Financial Burdens

Parents with children who suffer from Erb's palsy face enormous medical expenses throughout the course of their child's life. A successful brachial-plexus lawsuit may help ease financial burdens.

The legal procedure of filing an erb's palsy attorney palsy lawsuit can be complicated and requires skilled malpractice lawyers in AZ. Each case is unique, but the majority follow a pattern.

Medical Records

If a lawyer is investigating an Erb's palsy suit, they first look over all medical records. These records will be used for determining how much compensation a client might receive. This compensation could be used to cover future and current medical costs for surgeries, physical therapy, and other treatments related to the child's injury.

A lawyer will also consider the potential economic losses that might occur due to their child's injury. This could include lost wages, costs for caregiving and other expenses. An experienced attorney will be able to calculate all potential damages for the client.

Erb's Palsy is a condition that occurs when the brachial-plexus nerves get stretched or damaged during labor. It is one of the most frequent birth injuries, and is often prevented. Medical negligence can be a charge against doctors who do not follow accepted standards of care when they deliver the baby. This type of malpractice includes: failure to perform C section procedures as well as pulling too much on the head or shoulders, and improper use of instruments like forceps.

Interviews with Experts

The brachial complex is a bundle of nerves that regulates arm movement. The forceful pulling of the arm, shoulder or neck that strains these nerves could cause damage and lead to Erb's palsy. The injury can negatively impact the quality of life for a newborn, as they may not be able participate in certain sports or perform day-to-day activities such as buttoning a shirt.

Medical negligence during childbirth accounts for the majority of cases of Erb's Palsy. Doctors who use the wrong type of delivery instrument or use too excessive force during a vaginal or c-section birth can stretch or tear the baby's brachial tubes, which can cause injury.

Based on the circumstances of your case you may be entitled to compensation for future and past medical expenses resulting from the injury. You can also recover damages for lost wages and other economic losses. You may 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 lawyer will ensure your claim accounts for all of the damages you deserve.

Gathering Evidence

A successful case in the Erb's Palsy suit could result in compensation for medical expenses incurred by a child and future treatment needs and other damages. Although no amount of money will be able to compensate the cost of a child's injury holding medical professionals accountable and winning compensation for families can help them get back control of their lives.

In this phase of the litigation the lawyer will work with expert witnesses to analyze the medical records and determine if negligence caused the injury. It may be necessary to obtain additional documents, witness depositions, and many more.

If lawyers are able to gather enough evidence to show that a physician committed malpractice, they usually try to negotiate an out-of-court settlement. This process allows families to receive compensation quicker and reduces the chance that a verdict from a trial could be overturned through 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 if the healthcare professional was acting in a reasonable way under the circumstances.

Filing a Complaint

Based on the outcome of the case, you could be awarded compensation to help pay for your child's treatment. A successful lawsuit could allow you to use your funds toward the physical therapy and assistive devices for your child.

If you think that medical negligence played a role in your child's Erb's syndrome then you must speak to an experienced lawyer as soon as you can. Your lawyer will file a lawsuit on behalf of you. The defendant is then given a certain amount of time to respond, and your lawyer may seek additional expert opinions.

Your attorney will use information gathered during this stage to determine whether your doctor committed malpractice. If your doctor erred in his training to identify an issue that could be a risk and your child suffered injuries as a result of it there is a possibility that you have grounds to pursue a claim based on medical malpractice. Your lawyer will then determine if to settle the case or pursue a trial. A trial is the process of presenting your case before jurors and judges.

Trial

The brachialplexus is a group of nerves that runs from the spine upwards to the shoulder and arm. If medical experts pull an infant too hard during delivery this can cause damage to the nerves and cause Erb's palsy. A successful lawsuit could be awarded to families compensation for treatment and other expenses associated with the condition.

In the beginning, you should schedule a consultation to determine if the injuries suffered by your child are the result of medical negligence prior to birth. Your attorney will review your child's medical records as well as other evidence to determine whether malpractice was the reason for the injury.

After you and your legal team have agreed that there was a mistake then they will make a court complaint. The defendants will then have 30 days to respond. In this period each legal team will collect more evidence to support their positions for example, personal accounts and expert reports from witnesses.

Then the legal teams will try to find a solution. If they fail to resolve the matter, it will be tried before the jury and a judge.