How an Erb's Palsy Lawsuit Can Ease Financial Burdens

Parents with children who suffer from Erb's palsy face enormous medical costs throughout the course of their child's life. The benefits of an effective brachial plexus lawsuit can help alleviate the financial burden.

The legal process of filing an erb's-palsy lawsuit is complicated and Erb's palsy attorneys requires skilled malpractice lawyers in AZ. Each case is unique, however the majority follow a pattern.

Medical Records

If a lawyer is investigating an Erb's palsy lawsuit, they will first review all medical records. These records will be used to determine the amount a client might receive in compensation. This compensation could help pay for future medical expenses for physical therapy, surgeries, and other treatments for the child's injury.

A lawyer will also consider the future economic loss which could arise from the injury of their child. These could include lost wages and caregiving costs and other costs. An experienced malpractice attorney will be able to calculate all the potential damages for the client.

Erb's palsy happens when the brachial plexus nerves are stretched or damaged during labor. It's among the most commonly occurring types of birth injuries and is typically avoidable. Doctors who do not adhere to the accepted standards of care for babies during birth can be held liable for medical negligence. This type of malpractice could include: failure to perform C section procedures, pulling too hard on the head or shoulders, and the improper use of tools like forceps.

Interviews with Experts

The brachialplexus is a nerve which controls the movement of the arm. Erb's Palsy can be caused by pulling the arm, neck or shoulder too far. The injury can impact the quality of life for a newborn as they might not be able to perform certain sports or do everyday activities such as buttoning a t-shirt.

Medical negligence during childbirth is responsible for the vast majority of Erb’s palsy cases. Doctors who choose the wrong type of delivery equipment or apply too much pressure during a vaginal birth or csection could stretch or tear a baby's brachial tract and cause an injury.

Based on the circumstances of your case, you may be entitled to the compensation you deserve for past and future medical expenses resulting from the injury. You can also recover damages for lost wages as well as other economic losses. You may also make a claim based on suffering and pain. It is essential to choose an attorney with experience handling birth trauma cases. The attorney will make sure that you get all damages you are entitled to.

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. A sum of money cannot be enough to compensate for the injuries a child has suffered. However having medical professionals held accountable and winning compensation may give families a bit of control over their lives.

During this phase of the litigation, you lawyer will collaborate with experts to analyze medical records to determine if negligence was the cause of the injury. It could also be necessary to obtain additional documents, depositions of witnesses, and many more.

If lawyers are able to gather enough evidence to prove that the medical professional was negligent they typically try to negotiate a settlement outside of court. This will allow families to receive compensation quicker and reduces the chance that a verdict in a trial could be overturned by appeal. If there is no settlement option your lawyer will prepare for a trial. In a trial, a judge or jury will listen to both parties argument and decide if the healthcare professional acted reasonably in the circumstances.

Filing a Complaint

Based on the outcome of the case, you could be awarded compensation that could be used to pay for your child's treatment. A successful lawsuit will permit you to use your funds towards rehabilitation and assistive devices for your child.

If you suspect that medical negligence was a factor in your child's Erb palsy, it is crucial to consult an experienced attorney right away. Your lawyer will file a complaint on behalf of you. The defendant is given a certain time to respond. Your lawyer can also request additional expert reports.

Your lawyer will use the information gathered during this phase to determine the extent to which your doctor was negligent. Doctors who deliver babies undergo training to recognize risk factors, therefore if your doctor failed to identify one of these risks and your child suffered an injury as a result you may be able to pursue a medical malpractice claim. Your lawyer will decide if to settle the case or proceed to trial. A trial would involve presenting your case in front of an impartial jury and a judge.

Trial

The brachial plexus is a group of nerves that connect the spine to the shoulder and arms. When medical experts pull an infant too hard during delivery, this can damage the nerves, causing Erb's palsy. A successful lawsuit can compensate families 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 due to medical negligence during birth. Your attorney will review the medical records of your child, as well as other evidence to determine if negligence is the reason for their injuries.

Once you and your legal team agree that malpractice is at fault then they can make a complaint to the court. The defendants will have 30 days to respond. During this time the legal teams will gather more evidence to support their claims like expert reports and personal accounts from witnesses.

The legal teams will try to reach an agreement. If they are unable to settle, the case will be tried before a judge and jury.