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How an Erb's Palsy Lawsuit Can Ease Financial Burdens

The medical costs for parents of children with Erb's Palsy are astronomical. They will continue to be so throughout the entire life of the child. The benefits of a successful brachial plexus lawsuit could ease the financial burden.

The legal process of filing an erb's palsy lawsuit is complicated and requires a skilled malpractice lawyer in AZ. Each case is unique, however the majority follow a pattern.

Medical Records

When a lawyer investigates an Erb's palsy lawsuit, they will first go through all medical records. These records will be used for determining the amount of compensation that the client could receive. This money can be used to cover future medical expenses for physical therapy, surgeries, and other treatments for the child's injury.

A lawyer also takes into account the future economic consequences which could be incurred due to the injuries suffered by their child. These could include lost wages, the cost of caregiving and other expenses. A skilled malpractice attorney will be able to estimate all the potential damages for the client.

Erb's Palsy is a condition that occurs when the brachial plexus nerves get stretched or damaged during labor. It's among the most common types birth injuries and is usually avoidable. Doctors who do not follow the accepted standards of care during the birth are liable for medical negligence. This type of malpractice includes: failure to perform C-sections, pulling too hard on the head or shoulders and the improper use of tools such as forceps.

Interviews with Experts

The brachial plexus is a bundle of nerves that regulates movement of the arm. Forceful pulling on the neck, shoulder or arm that stretches these nerves can cause damage and lead to Erb's palsy. The injury could impact the quality of life of a newborn, since they may not be able perform certain activities or sports like buttoning a shirt.

Medical negligence during childbirth accounts for the majority of the cases of Erb's palsy. Doctors who use the incorrect type of delivery tool or use too excessive force during a vaginal or c-section birth could stretch or tear the baby's brachial tube leading to injury.

Based on the circumstances of your particular case, you could be entitled to compensation for past and future medical expenses resulting from the injury. You may also be entitled to damages if you've lost income or suffered other economic losses. You can also file a claim for pain and suffering. You should choose an attorney who is experienced in handling cases involving birth trauma. The attorney will ensure that your claim is accounted for in full of the damages you are entitled to.

Gathering Evidence

A successful erb's palsy lawyer palsy lawsuit could result in compensation to pay the cost of a child's medical bills and future needs for treatment and other damages. There is no way to make up for the injury a child suffered. However having medical professionals held accountable and obtaining compensation could give families a sense of control over their lives.

In this phase of lawsuit, your lawyer will work with experts to study medical records to determine if negligence was the cause of the injury. It is also possible to get additional documents and depositions of witnesses and more.

If the lawyers have sufficient proof to prove that a doctor was negligent they typically try to negotiate a settlement outside of court. This process allows families to receive their compensation faster and reduces the chance that a court verdict could be rescinded through an appeal. If a settlement can't be reached your lawyer will prepare you for a trial. In a court trial 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.

Filing a Complaint

Based on the outcome of the case, you could receive compensation that will help pay for your child's treatment. A successful lawsuit could allow you to put your money towards physical therapy and assistive devices for your child.

If you believe medical negligence contributed to your child's Erb's paralysis and you believe that medical negligence was the cause, you should speak to an experienced attorney as soon as possible. Your lawyer will file a lawsuit on behalf of you. The defendant will then have a specified amount of time in which to respond, and your lawyer may need to request additional expert reports.

Your lawyer will use the data gathered during this phase to determine if the doctor you saw committed malpractice. Doctors who deliver babies receive training to recognize risk factors, therefore if your doctor failed to recognize a risk and your child suffered injury as a result then you could be able to bring a medical malpractice lawsuit. Your lawyer will decide if to settle the case or go to trial. A trial involves presenting your case before jurors and a judge.

Trial

The brachialplexus is a collection of nerves which runs from the spine up to the shoulder and arm. If medical professionals pull a baby too hard during the delivery process, this can damage the nerves and cause Erb's palsy. A successful lawsuit can award families with compensation to cover treatment and other expenses associated with the condition.

The first step is to schedule a meeting with an Erb's Palsy lawyer and determine if your child's injuries are the result of medical negligence at the time of birth. The lawyer will look over the medical records of your child as well as other evidence to determine if malpractice is at fault for their injuries.

Once you and your legal team have agreed that there was a mistake then they will file a lawsuit in court. The defendants then have approximately 30 days to respond. During this time both legal teams will obtain more evidence to back their arguments for example, expert reports and personal accounts from witnesses.

Then the legal teams will work to reach a settlement. If they cannot settle, the case will go to trial in front of the jury and a judge.