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 life of their child. Compensation from an effective brachial-plexus lawsuit can ease those financial burdens.

The legal process for filing a lawsuit against erb's paralysis is complex and requires the assistance of experienced malpractice attorneys in Arizona. Each case is different however the majority follow a similar pattern.

Medical Records

When a lawyer investigates an Erb's Palsy lawsuit, they first examine all medical records. These records will be used in determining the amount of compensation that a client might receive. This money can be used to cover future and current medical expenses for physical therapy, surgery, and other treatments relating to the child's injuries.

A lawyer should also consider the future economic losses that could result from the injuries suffered by their child. This could include lost wages and the cost of providing care and other costs. An experienced attorney can calculate all possible damages for the client.

Erb's syndrome occurs when brachial plexus nerves are stretched or damaged during labor. It's among the most common birth injuries, and is often avoidable. Medical negligence can be a charge against doctors who fail to follow accepted guidelines for the delivery of babies. Some examples of this type of malpractice include: failure to perform C-sections properly, pushing too hard on the shoulders or head and the inappropriate use of tools such as forceps.

Interviews with experts

The brachial plexus is a bundle of nerves which regulates the arm movement. Erb's Palsy can be caused by pulling the arm, neck or shoulder too excessively. The injury can impact the quality of life of a newborn, because they may not be able to participate in certain sports or daily activities such as buttoning a t-shirt.

Medical negligence during childbirth is the reason for the vast majority of cases of Erb's palsy. Doctors who make the wrong kind of delivery tool or apply too excessive force during vaginal birth or a c-section can stretch or tear the baby's brachial tube, resulting in injuries.

Based on the circumstances of your situation, you could be entitled to the compensation you deserve for past and future medical expenses resulting from the injury. You may also claim damages if you have lost wages or suffered other economic losses. You can also submit a claim based upon suffering and pain. It is important to select an attorney who is experienced in handling birth trauma cases. The lawyer will ensure that you get all the damages you deserve.

Gathering Evidence

A successful Erb's Palsy lawsuit could result in compensation that covers the costs of medical expenses and future needs for treatment and other damages. There is no way to make up for the injury a child suffered. However the process of holding medical professionals accountable and winning compensation may give families a bit of control over their life.

During this phase of litigation the lawyer will work with experts who will analyze the medical records and determine if negligence caused the injury. It may also be necessary to obtain additional documents including depositions of witnesses and many more.

Once the lawyers have enough proof to prove that a medical professional was negligent they typically try to negotiate a settlement outside of court. This will allow families to receive compensation quicker and avoids the possibility of a verdict from a trial being invalidated by an appeal. If a settlement can't be reached then your lawyer will prepare you for the possibility of a trial. In a court case, jurors or judges will listen to the arguments of both sides and decide if the healthcare professional was acting in a reasonable manner under the circumstances.

Filing a Complaint

Based on the outcome If the case is successful, you could receive compensation to help pay for the treatment of your child. A successful lawsuit can allow you to put your money toward physical therapy and assistive devices for your child.

If you suspect that medical negligence is a cause of your child's Erb palsy, it is essential to consult an experienced attorney immediately. Your lawyer will file a complaint on behalf of you. The defendant will have a limited time to respond. Your lawyer may also request additional expert reports.

Your lawyer will use the data gathered during this process to determine whether your doctor committed malpractice. If your doctor did not follow his education to recognize an issue that could be a risk and your child was injured due to it and you are able to prove it, you could be able to file a lawsuit for medical malpractice. Your lawyer will decide whether or not to accept a settlement or to go to trial. A trial would involve presenting your case before a judge and jury.

Trial

The brachialplexus is an accumulation of nerves which runs from the spine to the shoulder and arm. When medical personnel pull an infant too hard during delivery it could damage the nerves and cause Erb's palsy. Families may be compensated for treatment and other costs in the event of a successful lawsuit.

To begin, set up a meeting with your attorney to determine if the injuries suffered by your child are due to medical negligence at the time of birth. Your lawyer will go over the medical records of your child as well as other evidence to determine if malpractice was to blame for the injury.

After you and your legal team agree that negligence is the cause then they can submit a complaint to court. The defendants will have 30 days to respond. During this time each legal team will obtain more evidence to back their arguments, such as expert reports and personal accounts from witnesses.

Then, both legal teams will try to find a solution. If the two sides are unable to reach a resolution the case will be decided before a jury and judge.