20 Trailblazers Leading The Way In Erb's Palsy Lawyer

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 help ease the financial burden.

The legal process for filing a lawsuit against the condition is complex and requires assistance of a seasoned malpractice attorney in Arizona. Each case is unique, but the majority of cases follow a similar pattern.

Medical Records

If a lawyer is investigating an Erb's palsy lawsuit, they will first review all medical records. These records will be used for determining the amount of compensation that a client may receive. This compensation can help cover future medical bills for physical therapy, surgeries, and other treatments for the child's injury.

A lawyer will also consider the future economic consequences that may result from the injuries suffered by their child. These could include lost wages, costs for caregiving, and other expenses. An experienced attorney will be able to calculate all possible damages for the client.

Erb's palsy occurs when the brachial plexus nerves get stretched or damaged during labor. It's one of the most common types birth injuries and is often prevented. Doctors who do not adhere to the accepted standards of care for babies during birth could be held accountable for medical negligence. Examples of this kind of malpractice are: failing to perform a C-section, pulling too hard on the head or shoulders and improper use of tools like forceps.

Interviews with experts

The brachial complex is a bundle of nerves which regulates the movement of the arm. Erb's Palsy is caused by pulling the arm, neck or shoulder too excessively. The injury could affect the quality of life for a newborn since they may not be able to perform certain sports or do everyday activities such as buttoning a t-shirt.

The vast majority of erb's palsy lawyer palsy cases are caused by medical mistakes during childbirth. Doctors who use the wrong delivery equipment or apply excessive pressure during vaginal birth, or a c-section, can stretch or tear a baby's brachial plexus which could result in injury.

Depending on the circumstances of your case you may be entitled to the compensation you deserve for past and future medical expenses related to the injury. You may also be able to claim damages for lost wages and other economic losses. You can also submit a claim based upon pain and suffering. It is recommended to choose an attorney who is experienced in handling birth trauma cases. The attorney will make sure that you are compensated for all compensation you're entitled to.

Gathering Evidence

A successful Erb's palsy lawsuit could result in compensation for the cost of a child's medical bills and future needs for treatment and other damages. There is no way to be enough to compensate for the injuries a child has suffered. However the process of holding medical professionals accountable and obtaining compensation could give families a bit of control over their lives.

In this phase of the litigation the lawyer will work with experts to review the medical records and determine if negligence was the cause of the injury. It could also be necessary to get additional documents, depositions of witnesses, and more.

Once the lawyers have enough evidence to show that a medical professional was negligent they typically try to reach an out-of-court settlement. This will allow families to receive compensation faster and reduces the chance of a verdict from a trial being overturned by an appeal. However, if a settlement is not possible then your lawyer will prepare for a trial. In a court case, a jury or judge will hear 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, you could be awarded compensation to help pay for the treatment of your child. A successful lawsuit will permit you to put your money towards the physical therapy and assistive devices for your child.

If you suspect that medical negligence played a role in your child's Erb's syndrome and you believe that medical negligence was the cause, you should speak to an experienced attorney as soon as you can. Your lawyer will file a lawsuit on behalf of you. The defendant is then given a certain amount of time in which to respond to your lawyer, and you may seek additional expert opinions.

Your attorney will use the information gathered during this process to determine if your doctor committed malpractice. Doctors who deliver babies are trained to identify risk factors, so if the doctor failed to recognize one of these risks and your child suffered an injury due to the negligence then you could be able to file a medical malpractice claim. Your lawyer will decide if to settle the case or proceed to trial. A trial would require you to present your case to an impartial jury and a judge.

Trial

The brachialplexus is a group of nerves that run from the spine upwards to the shoulder and arm. If medical professionals pull a baby too hard during delivery it could damage the nerves and lead to Erb's palsy. A successful lawsuit can provide families with compensation to cover the cost of treatment and other expenses related to the condition.

To begin, you should arrange a consultation to determine if your child's injuries result from medical negligence prior to birth. Your lawyer will go over the medical documents 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 decided that malpractice is at fault the lawyer will file a court complaint. The defendants will have 30 days to respond. During this period each legal team will obtain more evidence to support their positions for example, personal accounts and expert reports from witnesses.

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