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How an Erb's Palsy Lawsuit Can Ease Financial Burdens

Parents with children who suffer from Erb's syndrome face huge medical costs throughout their child's lifetime. The financial compensation resulting from a successful brachial plexus lawsuit can help alleviate the financial burden.

The legal process for filing a lawsuit for erb's paralysis is complicated and requires the assistance of experienced malpractice attorneys in Arizona. Each case is unique, but the majority follow a similar pattern.

Medical Records

If a lawyer is investigating an Erb's palsy lawsuit, they will first go through all medical records. These documents will be used when determining the amount of compensation the client could receive. The compensation may be used to pay for the current and future medical expenses for physical therapy, surgery, as well as other treatments associated with the child's injury.

A lawyer also takes into account the economic damages that could result from the injuries of their child. This could include lost wages, costs for caregiving, and other expenses. An experienced attorney will be able to calculate all potential damages for the client.

Erb's syndrome occurs when brachial plexus nerves are stretched or damaged during labor. It's among the most commonly occurring types of birth injuries, and is usually prevented. Doctors who don't adhere to accepted standards of care for babies during birth can be held liable for medical negligence. This type of malpractice could include: failure to perform C section procedures, pulling too hard on the head or shoulders and improper usage of tools such as forceps.

Interviews with Experts

The brachial complex is a bundle of nerves which regulates the movement of the arm. When you forcefully pull your shoulder, neck or arm that strains these nerves could cause damage and eventually lead to Erb's palsy. The injury can negatively impact the quality of life for a newborn in that they might not be able to participate in certain sports or engage in daily activities like buttoning their shirt.

The vast majority of cases of Erb's syndrome result from medical negligence during childbirth. Doctors who choose the wrong delivery tools or apply excessive pressure during a vaginal birth, or a c-section, can stretch or tear the brachial muscles of babies which could result in injury.

Depending on the circumstances of your situation, you could be entitled to the compensation you deserve for past and future medical expenses that are related to the injury. You can also recover damages for lost wages and other economic losses. You can also submit a claim based upon suffering and pain. It is essential to choose an attorney with experience handling birth trauma cases. The attorney will ensure that your claim will be able to cover all of the damages you deserve.

Gathering Evidence

A successful erb's palsy attorney palsy lawsuit could result in compensation that covers the cost of a child's medical expenses and future needs for treatment and other damages. While no amount of money will be able to compensate for a child's injury, holding medical professionals accountable and winning compensation for families can help them get back some control over their lives.

During this phase of the lawsuit, your lawyer will work with experts to review medical records and determine whether negligence caused the injury. It is possible to obtain additional documents, witness depositions, and many more.

If lawyers have enough evidence to prove that a doctor committed malpractice, they will typically attempt to reach a settlement out of the court. This allows families to receive compensation quicker and avoids the possibility that a verdict from a trial could be rescinded by appeal. If a settlement is not reached your lawyer will prepare you for the possibility of a trial. In a trial the judge or jury will hear both sides arguments and decide if the healthcare professional was acting in a reasonable way in the circumstances.

Making a Complaint

Depending on the outcome of the case, you could be awarded compensation to aid in paying for your child's treatment. A successful lawsuit will permit you to use your funds towards the physical therapy and assistive devices for your child.

If you believe that 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 submit the complaint on your behalf. The defendant will then have a certain amount of time to reply to your lawyer, and you may request additional expert reports.

Your attorney will make use of the information gathered during this phase to determine if your doctor committed malpractice. Doctors who deliver babies receive training to identify risk factors therefore if your doctor failed to identify one of these risks and your child suffered an injury due to the negligence it could be possible to pursue a medical malpractice claim. Your lawyer will decide if you want to settle for a settlement or to go to trial. A trial involves the presentation of your case to an impartial jury and a judge.

Trial

The brachialplexus is a collection of nerves running from the spine up to the arm and shoulder. When medical professionals pull a baby too hard during birth this can cause damage to the nerves, causing Erb's palsy. Families may be compensated for treatment and other costs when they win a lawsuit.

The first step is to schedule a consultation with an erb's palsy attorney lawyer and determine whether your child's injuries were the result of medical negligence during birth. Your attorney will review the medical records of your child as well as other evidence in order to determine if malpractice was to blame for their injuries.

After you and your legal team have agreed that malpractice is the cause then they can file a complaint with the court. The defendants will have 30 days to respond. During this time both legal teams will collect more evidence to support their positions like personal accounts and expert reports from witnesses.

The legal teams will attempt to come to an agreement. If they are unable to agree to a settlement, the case will go to trial in front of an arbitrator and judge.