How an Erb's Palsy Lawsuit Can Ease Financial Burdens

Parents of children suffering from Erb's Palsy are faced with huge medical expenses throughout the lifetime of their child. Compensation from a successful brachial plexus lawsuit could ease the financial burden.

The legal procedure to file an action against little falls erb's palsy lawyer paralysis is complicated and requires the assistance of experienced malpractice attorneys in Arizona. Each case is unique, however the majority follow a pattern.

Medical Records

If a lawyer is investigating an Erb's palsy suit, they first look over all medical records. These documents will be used in determining the amount of compensation a client might receive. This money can be used to cover future medical bills for surgeries, physical therapy and other treatment options for the child's injuries.

A lawyer will also consider the potential economic losses which could arise from the injury of their child. This could include lost wages as well as the cost of caring for, and other expenses. A skilled malpractice attorney can calculate all possible damages for a client.

Erb's palsy happens when the brachial plexus nerves are stretched or damaged during labor. It's among the most common types birth injuries and is usually preventable. Doctors who fail to adhere to accepted guidelines for care during birth can be held accountable for medical negligence. Some examples of this type of malpractice include: failing to perform C-sections properly, pushing too hard on the head or shoulders as well as improper use of tools like forceps.

Interviews with Experts

The brachialplexus is a nerve that regulates the movement the arm. Erb's palsy can be caused by pulling the neck, arm or shoulder too excessively. The injury could impact the quality of life of newborns, because they may not be able do certain activities or sports like buttoning a shirt.

Medical negligence during childbirth is the reason for the majority of cases of Erb's palsy. Doctors who use the wrong type of delivery equipment or apply excessive pressure during a vaginal birth or c-section may stretch or tear the brachial plexus of a baby and cause an injury.

Based on the situation there may be compensation possible for both future and past medical costs related to the injury. You may also claim damages if you have lost wages or suffered any other economic losses. Moreover, you can file a claim for pain and suffering. You should choose an attorney who has experience in handling cases involving birth trauma. The lawyer will ensure that you get all damages you are entitled to.

Gathering Evidence

A successful Erb’s palsy suit could result in a settlement for the child's medical costs and future medical needs, and other damages. There is no way to cover the cost of a child's injury. However, holding medical professionals responsible and winning compensation can give families some control over their life.

In this phase of the litigation your lawyer will work with expert witnesses to analyze the medical records and determine if negligence caused the injury. It may be necessary to obtain other documents, witness depositions and many more.

If the lawyers have sufficient proof to prove that a physician was negligent they typically try to reach a non-judicial settlement. This will allow families to receive compensation quicker and also avoids the possibility of a court verdict being invalidated by an appeal. If a settlement is not possible, your attorney will prepare for a trial. In a trial in a courtroom, a judge or jury will listen to the arguments of both sides and decide if the healthcare professional acted in a reasonable way under the circumstances.

The process of filing a complaint

If the case is successful, you could be awarded compensation to pay for the treatment of your child. If you prevail in your lawsuit, you can use the money to purchase assistance equipment and physical therapy for your child.

If you suspect that medical negligence was a factor in your child's Erb palsy, it is important to speak to an experienced attorney as soon as possible. Your lawyer will submit the complaint on your behalf. The defendant is given a certain time to respond. Your lawyer can also request additional expert reports.

Your lawyer will use the information gathered during this phase to determine whether your doctor committed malpractice. If your doctor erred in his education to recognize the risk factor and your child was injured as a result then you could have grounds to pursue a claim based on medical malpractice. Your lawyer will decide whether or not to accept a settlement, or to pursue a trial. A trial is the process of presenting your case before an impartial jury and a judge.

Trial

The brachial plexus is a group of nerves that connect the spine to the shoulders and arms. Medical professionals can cause Oneonta erb's palsy Lawyer Palsy by pulling an infant too hard when delivering the baby. Families may be compensated for treatment costs and other expenses if they win a lawsuit.

The first step is to schedule a consultation with an Erb's lawyer and determine whether your child's injuries were the result of medical negligence during birth. Your lawyer will go over the medical documents of your child as well as other evidence to determine if malpractice was to blame for their injury.

Once you and your legal team have agreed that malpractice is at fault then they can file a complaint with the court. The defendants will then have 30 days to respond. In this time both legal teams will gather more evidence to back their arguments like expert reports and personal accounts from witnesses.

The legal teams will attempt to reach an agreement. If both sides are unable to reach a settlement the case will be tried in front of the jury and judge.