How an Erb's Palsy Lawsuit Can Ease Financial Burdens

Parents with children who suffer from the condition erb's palsy (new content from Vimeo) have to pay huge medical expenses throughout the course of their child's life. The compensation from a successful brachial plexus lawsuit can help alleviate the financial burden.

The legal process of submitting an erb's palsy lawsuit can be complicated and requires experienced malpractice lawyers in AZ. Each case is unique, however the majority follow a pattern.

Medical Records

When a lawyer investigates an Erb's Palsy lawsuit, they first examine all medical records. These records will be used to determine how much a person could be entitled to compensation. This compensation can help cover future medical bills for surgeries, Erb's palsy physical therapy, and Erb's Palsy other treatment options for the child's injuries.

A lawyer also takes into account the potential economic loss which could be incurred due to the injuries sustained by their child. This could include lost wages and caregiving costs as well as other costs. A seasoned malpractice attorney can estimate all possible damages for a client.

Erb's Palsy occurs when the brachial-plexus nerves are stretched or damaged during labor. It's one of the most common birth injuries and is often prevented. Doctors who fail to adhere to the accepted standards of care during the birth could be held accountable for medical negligence. This type of malpractice includes: inability to perform C-sections and pulling too hard on the head or shoulders and improper usage of tools such as forceps.

Interviews with Experts

The brachial plexus is a bundle of nerves that controls movement of the arm. Forceful pulling on the arm, shoulder or neck that causes nerves to stretch can cause injury and even parlier erb's palsy law firm palsy. The injury can impact the quality of life of newborns and they may not be able to play certain sports or engage in daily tasks like buttoning a shirt.

The vast majority of cases of Erb's Palsy are caused by medical mistakes during childbirth. Doctors who choose the wrong type of delivery equipment or apply excessive pressure during vaginal birth or c-section can stretch or tear the brachial muscles of babies which could result in injury.

Based on the circumstances of your situation, you may be entitled to compensation for past and future medical expenses resulting from the injury. You may also claim damages if you have lost wages or suffered any other economic losses. You may also submit a claim based upon pain and suffering. You should choose an attorney who has experience in handling birth trauma cases. The attorney will make sure that you receive all the compensation you're entitled to.

Gathering Evidence

A successful Erb's suit could result in a settlement for a child’s medical expenses as well as future needs for treatment, and other damages. While no amount of money can compensate for a child's injury, holding medical professionals accountable and obtaining compensation can help families get back some control over their lives.

At this point in the litigation your lawyer will collaborate with experts to review the medical records and determine if negligence was the cause of the injury. It is possible to obtain other documents, witness depositions and more.

Once the lawyers have enough evidence to prove that the doctor was negligent, they usually try to negotiate a settlement outside of court. This allows families to receive compensation faster and also avoids the possibility of a court verdict being overturned by appeal. If a settlement is not reached the lawyer will prepare you for an appeal. In a trial where a jury or judge will listen to both parties' arguments and decide whether the healthcare professional was acting in a reasonable way under the circumstances.

Making a complaint

Depending 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 physical therapy and assistive devices for your child.

If you believe medical negligence contributed to your child's Erb's paralysis, you should talk to an experienced attorney as soon as possible. Your lawyer will file a complaint on behalf of you. The defendant will have a limited time to respond. Your lawyer can also request additional expert reports.

Your attorney will use the information gathered during this process to determine whether your doctor committed malpractice. Doctors who deliver babies are trained to identify risk factors, so if the doctor failed to identify one of these risks and your child was injured due to the negligence it could be possible to file a medical malpractice claim. Your lawyer will decide if to settle the case or pursue a trial. A trial involves presenting your case before an impartial jury and a judge.

Trial

The brachialplexus is an accumulation of nerves that runs from the spine up to the arm and shoulder. Medical professionals can cause Erb's palsy by pulling an infant too much when they deliver the baby. Families may receive compensation for medical treatment and other expenses should they prevail in a lawsuit.

The first step is to schedule a meeting with an Erb's Palsy lawyer and determine whether your child's injuries are the result of medical negligence at the time of birth. Your attorney will examine the medical records of your child and other evidence to determine if malpractice was to blame for the injury.

Once you and your legal team agree that there was a mistake the lawyer will file a lawsuit in court. The defendants will have about 30 days to respond. During this time both legal teams will gather more evidence to support their positions like personal accounts and expert reports from witnesses.

The legal teams will attempt to reach an agreement. If they are unable to settle, the case will go to trial before an arbitrator and judge.