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How an Erb's Palsy Lawsuit Can Ease Financial Burdens

Parents of children suffering from Erb's palsy face enormous medical costs throughout their child's lifetime. A successful brachial-plexus lawsuit may reduce financial burdens.

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

Medical Records

A lawyer will review all medical records in the course of researching an erb's palsy law firm Palsy lawsuit. These documents will be used when determining the amount of compensation that a client may receive. This compensation could help pay for the cost of medical bills for the future as well as for surgeries, physical therapy, and other treatments for the child's injury.

A lawyer will also consider the future economic consequences which could be incurred due to the injury of their child. These could include lost wages, caregiving costs and other expenses. A seasoned malpractice attorney will be able to calculate all the potential damages for a client.

Erb's palsy happens when the brachial plexus nerves are stretched or damaged during labor. It's one of the most frequent types of birth injuries and is usually avoidable. Medical negligence is a crime that can be brought against doctors who fail to follow accepted standards of care when they deliver an infant. Examples of this type of malpractice include: failure to perform C-sections properly, pushing too hard on the head or shoulders, and inappropriate use of tools such as forceps.

Interviews with Experts

The brachial complex is a bundle of nerves which regulates the movement of the arm. Erb's palsy can be caused by pulling the neck, arm or shoulder too far. The injury can negatively impact the quality of life of newborns and they may not be able to take part in certain sports or do day-to-day things like buttoning a 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 device or use too much 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 particular case, you may be entitled to an amount of compensation for future and past medical expenses related to the injury. You may also claim damages if you've lost your wages or suffered other economic losses. You can also make a claim based on pain and suffering. You should choose an attorney with experience in handling birth trauma cases. The lawyer will ensure that you are compensated for all compensation you're entitled to.

Gathering Evidence

A successful Erb's Palsy lawsuit could result in compensation to pay the cost of a child's medical bills and future treatment needs and other damages. The amount of money you pay will not be enough to compensate for the injuries a child has suffered. However having medical professionals held accountable and gaining compensation can give families a sense of control over their lives.

During this stage of the litigation your lawyer will work with expert witnesses to analyze the medical records and determine if negligence caused the injury. It is possible to obtain additional documents, witness depositions, and much more.

If lawyers are able to gather enough evidence to prove that the doctor was negligent and they are able to reach an out-of-court settlement. This method allows families to receive their money more quickly and eliminates the risk that a court verdict could be overturned by an appeal. However, if the settlement is not feasible your lawyer will prepare for a trial. In a court trial, the judge or jury will hear the arguments of both sides and decide if the healthcare professional acted in a reasonable way under the circumstances.

Making a Complaint

If the case is successful, depending on the outcome of the case, you could be awarded compensation that could aid in paying for your child's treatment. If you prevail in your lawsuit, you can use the money to pay for rehabilitation equipment and physical therapy for your child.

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

Your attorney will use the information gathered during this phase to determine whether your doctor was negligent. Doctors who deliver babies receive training to recognize risk factors, therefore if your doctor failed to recognize one of these risks and your child suffered injury as a result then you could be able to pursue a medical malpractice claim. Your lawyer will decide whether to accept a settlement, or to pursue a trial. A trial involves presenting your case in front of a judge and jury.

Trial

The brachial plexus is a group of nerves which run from the spine to the shoulder and arms. When medical professionals pull an infant too much during birth it could damage the nerves, causing Erb's palsy. Families may be compensated for treatment and other expenses in the event of a successful lawsuit.

To begin, you must arrange a consultation to determine if the injuries suffered by your child are due to medical negligence during birth. The lawyer will look over the medical records of your child as well as other evidence in order to determine if malpractice was to blame for their injury.

If you and your legal team are of the same mind that malpractice is the cause, they will file a complaint with the court. The defendants will have 30 days to respond. During this time each legal team will gather more evidence to the defense of their respective sides which could include expert reports as well as personal testimony from witnesses.

Then, both legal teams will work to come to a settlement. If both sides fail to reach a resolution then the case will be decided before an arbitrator and a judge.