How an Erb's Palsy Lawsuit Can Ease Financial Burdens

Parents of children suffering from erb's palsy lawyer palsy face enormous medical expenses throughout their child's lifetime. The financial compensation resulting from a successful lawsuit for brachial plexus could ease the financial burden.

The legal procedure for filing a lawsuit against erb's paralysis is complex and requires the assistance of a skilled malpractice lawyer in Arizona. Each case is different however, the majority of cases follow the same pattern.

Medical Records

A lawyer will look over all medical records while researching an erb's palsy lawsuits Palsy lawsuit. These records will be used to determine the amount a person could be entitled to compensation. This can be used to pay future medical expenses for surgery, physical therapy, and other treatment options for the child's injuries.

A lawyer should also consider the future economic consequences that could occur due to the injury of their child. These could include lost wages and caregiving costs and other expenses. An experienced attorney will be able calculate all damages that could be incurred by the client.

Erb's syndrome occurs when brachial plexus nerves get stretched or damaged during labor. It's among the most common birth injuries, and is often preventable. Doctors who don't follow the accepted standards of care during delivery can be held liable for medical negligence. This kind of malpractice can include: failing to perform C-sections properly as well as pulling too much on shoulders or head, and improper use of tools like forceps.

Interviews with Experts

The brachialplexus is a bundle which controls the movement of the arm. Erb's palsy can be caused by pulling the neck, arm or shoulder too far. The injury can impact the quality of life for a newborn as they may not be able to perform certain sports or daily activities like putting on a t-shirt.

The vast majority of Erb's palsy cases are caused by medical mistakes during childbirth. Doctors who choose the wrong delivery tools or apply too much pressure during a vaginal birth or c-section may stretch or tear the brachial muscles of babies which could result in injury.

Depending on your case, compensation may be available for future and past medical expenses resulting from the injury. You may also be entitled to damages if you've lost wages or suffered any other economic losses. You can also file a claim based on suffering and pain. It is recommended to choose an attorney with experience in handling cases involving birth trauma. The lawyer will ensure your claim accounts for all of the damages you deserve.

Gathering Evidence

A successful Erb's-Palsy lawsuit could result in compensation that covers the cost of a child's medical bills, future treatment needs, and other damages. No amount of money can be enough to compensate for the injuries a child has suffered. However the process of holding medical professionals accountable and winning compensation can provide families with some control over their life.

During this stage of the litigation the lawyer will work with expert witnesses to study the medical records and determine if negligence was the cause of the injury. It may be necessary to obtain additional documents, witness depositions and much more.

Once the lawyers have enough evidence to prove that a physician was negligent and they are able to reach an out-of-court settlement. This allows families to receive compensation quicker and reduces the chance of a trial verdict being overturned by an appeal. If a settlement is not reached, your lawyer will prepare you for an appeal. In a trial the judge or jury will listen to both parties argument and decide whether the healthcare professional was acting in a reasonable way in the circumstances.

Making a Complaint

In the event of a successful outcome, you could be awarded an amount of money to help with the treatment of your child. If you prevail in your lawsuit, you can use the funds to purchase physical therapy and assistive equipment for your child.

If you believe that medical negligence contributed to 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 is possible. Your lawyer will submit the complaint on your behalf. The defendant will then have a certain period of time to respond to your lawyer, and you may require additional expert reports.

Your attorney will utilize the data gathered during this phase to determine if your doctor acted in a negligent manner. If your doctor did not follow his training to identify a risk factor and your child suffered injuries as a result then you could have grounds to bring a claim for medical malpractice. Your lawyer will decide if to settle the case or pursue a trial. A trial involves presenting your case in front of a judge and jury.

Trial

The brachialplexus is a collection of nerves which runs from the spine all the way to the shoulder and arm. When medical professionals pull an infant too hard during the delivery process it can cause damage to the nerves and cause Erb's palsy. Families can receive compensation for treatment costs and other expenses should they prevail in a lawsuit.

To begin, you should schedule a consultation to determine if your child's injuries result from medical negligence at birth. Your attorney will review the medical records of your child and Erb's palsy other evidence in order to determine if malpractice is to blame for their injury.

Once you and your legal team have agreed that there was a mistake and they have agreed to submit a complaint to the court. The defendants will have approximately 30 days to respond. During this time the legal teams of both sides will gather more evidence to support of their own sides which could include expert reports as well as personal testimony from witnesses.

The legal teams will attempt to reach an agreement. If the two sides are unable to reach a settlement the case will be heard in front of an arbitrator and a judge.