How an Erb's Palsy Lawsuit Can Ease Financial Burdens

Parents of children suffering from erb's palsy lawyer syndrome face huge medical costs throughout the course of their child's life. Compensation from a successful lawsuit for brachial plexus can help ease the financial burden.

The legal process of filing an erb's palsy lawsuit is complex and requires experienced malpractice lawyers in AZ. Each case is unique however the majority follow a similar pattern.

Medical Records

When a lawyer investigates an Erb's palsy lawsuit, they first look over all medical records. These records will be used for determining the amount of compensation a client may receive. This compensation can be used to cover the current and future medical expenses for surgical, physical therapy as well as other treatments associated with the child's injury.

A lawyer should also consider the potential economic loss which could be incurred due to the injuries of their child. These could include lost wages, costs for caregiving as well as other costs. An experienced lawyer can calculate all damages that could be incurred by the client.

Erb's Palsy is a condition that occurs when the brachial plexus nerves are stretched or damaged during labor. It's one of the most common birth injuries, and it's often avoidable. Doctors who fail to follow the accepted guidelines for care during birth are liable for medical negligence. Examples of this kind of malpractice include: failure to perform C-sections, pulling too hard on the head or shoulders and the inadvertent use of tools, such as forceps.

Interviews with Experts

The brachialplexus nerve is a bundle that controls the movement of the arm. Erb's Palsy is caused by pulling the arm, neck or shoulder too far. The injury could affect a newborn's quality of life in that they might not be able to take part in certain sports or perform day-to-day things like buttoning a shirt.

Medical negligence during childbirth accounts for the vast majority of Erb’s palsy cases. Doctors who choose the wrong type of delivery tool or apply too excessive force during a vaginal birth or a c-section can stretch or tear the baby's brachial tube resulting in injury.

Based on the circumstances of your case, you may be entitled to compensation for past and future medical expenses that are related to the injury. You may also be able to claim damages for lost wages as well as other economic losses. You can also submit a claim based upon pain and suffering. It is essential to choose an attorney with experience handling birth trauma cases. The lawyer will ensure your claim is fully covered by all of the damages you're entitled to.

Gathering Evidence

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

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

When lawyers have enough evidence to show that a physician committed malpractice they typically try to reach a non-judicial settlement. This procedure allows families to receive compensation more quickly and avoids the possibility that a court verdict could be rescinded by appeal. If there is no settlement option the attorney will prepare for a trial. In a trial in a courtroom, the judge or jury will hear the arguments of both parties and decide if the healthcare professional's actions were reasonable in the context of the situation.

How to file a complaint

Based on the outcome If the case is successful, you could receive compensation to cover the treatment of your child. If you win your lawsuit, you could use the money to fund aidive equipment and physical therapy for your child.

If you suspect that medical negligence was a factor in your child's Erb palsy, it is important to speak with an experienced attorney right away. Your lawyer will file a lawsuit on behalf of you. The defendant has a limited time to respond. Your lawyer can also request additional expert reports.

Your lawyer will utilize the information gathered in this phase to determine the extent to which your doctor was negligent. If your doctor failed in his training to identify a risk factor and your child suffered injuries because of it, you may have grounds to bring a claim for medical malpractice. Your lawyer will decide if you want to accept a settlement, or if you want to go to trial. A trial involves presenting your case to jurors and a judge.

Trial

The brachial complex is a collection of nerves that connect the spine to the shoulder and arms. If medical personnel pull an infant too hard during delivery it can cause damage to the nerves and lead to Erb's palsy. Families can receive compensation for medical treatment and other expenses in the event of a successful lawsuit.

To begin, arrange a consultation to determine if the injuries suffered by your child are due to medical negligence at birth. Your attorney will review the medical records of your child and other evidence to determine whether malpractice was the reason for the injury.

After you and your legal team have agreed that the malpractice was at fault the lawyer will submit a complaint to the court. The defendants then have 30 days to respond. During this period, both legal teams will collect more evidence to support their claims, such as personal accounts and expert reports from witnesses.

The legal teams will attempt to come to an agreement. If both sides fail to reach an agreement the case will be tried before jurors and a judge.