How an Erb's Palsy Lawsuit Can Ease Financial Burdens

Parents of children suffering from Erb's palsy face enormous medical expenses throughout the life of their child. A successful lawsuit involving brachial plexus may reduce financial burdens.

The legal process to file a lawsuit against erb's paralysis is complicated and requires the assistance of a seasoned malpractice attorney in Arizona. Each case is unique, however the majority follow a common pattern.

Medical Records

A lawyer will review all medical records when looking into an erb's palsy law firm palsy lawsuit. These documents will be used when determining the amount of compensation that the client could receive. This money can be used to pay for future and current medical expenses for surgical, physical therapy and other treatments related to the child's injury.

A lawyer will also consider the future economic losses which could be incurred due to the injuries suffered by their child. These could include lost wages, caregiving costs and other costs. An experienced lawyer will be able to calculate any damages that could be possible for the client.

Erb's spalsy occurs when brachial plexus nerves are stretched out or damaged in labor. It's among the most common birth injuries and is often avoidable. Medical negligence can be blamed against doctors who fail to follow accepted standards of care when delivering an infant. Some examples of this type of negligence include: Erb's palsy lawyer failing to perform C-sections, pulling too hard on the shoulders or head, and inappropriate use of tools such as forceps.

Interviews with experts

The brachialplexus nerve is a bundle which controls the movement of the arm. The forceful pulling of the arm, shoulder or neck that strains these nerves could cause damage and eventually lead to Erb's palsy. The injury could affect the quality of life of newborns, as they may not be able do certain activities or sports such as buttoning a t-shirt.

The vast majority of cases of Erb's palsy are caused by medical mistakes during childbirth. Doctors who use the wrong type of delivery tool or apply too much force during a vaginal or c section birth could stretch or tear the baby's trachea tube, resulting in injury.

Based on the circumstances of your case you could be entitled to compensation for future and past medical expenses arising from the injury. You can also recover 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 important to choose a lawyer with experience handling birth trauma cases. The lawyer will make sure that your claim is fully covered by all of the damages you are entitled to.

Gathering Evidence

A successful Erb's-Palsy lawsuit could result in compensation for the cost of a child's medical expenses and future needs for treatment and other damages. No amount of money can be enough to compensate for the injuries a child has suffered. However, holding medical professionals responsible and gaining compensation can give families some control over their life.

During this phase of the legal process, your lawyer will collaborate with experts to review medical records to determine if negligence was the cause of the injury. It is also possible to obtain additional documents witness depositions, and much more.

When lawyers have enough evidence to prove that a medical professional was negligent they typically try to reach a non-judicial settlement. This allows families to receive their compensation faster and avoids the possibility that a judge's decision could be overturned through an appeal. If a settlement is not reached then your lawyer will prepare you for a trial. In a trial, a judge or jury will hear both sides' arguments and decide whether the healthcare professional acted reasonably under the circumstances.

Making a Complaint

Depending on the outcome the case, you could be awarded compensation to assist in the cost of your child's treatment. If you prevail in your lawsuit, you can use the money to purchase aidive equipment and physical therapy for your child.

If you suspect that medical negligence caused your child's Erb palsy, it is important to speak to an experienced attorney right away. Your lawyer will file a lawsuit on behalf of you. The defendant is given a certain time to respond. Your lawyer may also request additional expert reports.

Your attorney will use the information gathered during this phase to determine whether your doctor acted in a negligent manner. Doctors who deliver babies undergo training to identify risk factors, so if your doctor failed to identify one of these risks and your child was injured due to the negligence then you could be able to make a claim for medical malpractice. Your lawyer will decide whether to settle the case or to pursue a trial. A trial involves making your case known to the jury and a judge.

Trial

The brachialplexus is a group of nerves which runs from the spine all the way to the shoulder and arm. Medical professionals can cause erb's palsy lawyer palsy by pulling the infant too hard when delivering the baby. Families could be awarded compensation for treatment and other expenses should they prevail in a lawsuit.

In the beginning, you should set up a meeting with your attorney to determine if your child's injuries result from medical negligence during birth. Your lawyer will go over the medical documents of your child as well as other evidence in order to determine if malpractice is to blame for Erb's palsy lawyer their injury.

After you and your legal team agree that there was a mistake, they will make a court complaint. The defendants then be given a period of 30 days to respond. During this period the legal teams of both sides will gather more evidence to support of their sides such as expert reports and personal testimony from witnesses.

The legal teams will attempt to reach an agreement. If they are unable to agree to a settlement, the case will be heard in front of the jury and a judge.