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How an Erb's Palsy Lawsuit Can Ease Financial Burdens

Parents with children who suffer from Erb's palsy face enormous medical expenses throughout the course of their child's life. A successful brachial-plexus lawsuit could help alleviate the financial burdens.

The legal procedure for filing an action against erb's palsy lawsuits paralysis is a complex one and requires the assistance of a skilled malpractice lawyer in Arizona. Each case is different however, the majority follow a similar pattern.

Medical Records

When a lawyer investigates an Erb's Palsy lawsuit, they first examine all medical records. These records will be used to determine how much a plaintiff could receive in compensation. This money can be used to cover current and future medical bills for surgery, physical therapy, and other treatments for the child's injury.

A lawyer will also consider the future economic consequences that could occur due to the injuries suffered by their child. These could include lost wages, the cost of caregiving and other expenses. An experienced malpractice attorney will be able to calculate the possible 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 one of the most common types birth injuries and is often preventable. Medical negligence can be charged against doctors who fail to adhere to accepted guidelines for the delivery of a baby. Examples of this kind of negligence include: failing to perform C-sections properly, pushing too hard on the shoulders or head, and inappropriate use of tools such as forceps.

Interviews with experts

The brachialplexus nerve is a bundle that 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 in that they might not be able to play certain sports or do day-to-day tasks like buttoning a shirt.

The majority of cases of Erb's palsy result from medical negligence during childbirth. Doctors who choose the wrong type of delivery tool or apply too excessive force during vaginal or c-section birth could stretch or tear the baby's brachial tubes, leading to injury.

Based on the circumstances of your situation, you could be entitled to compensation for future and past medical expenses resulting from the injury. You can also recover damages for lost wages as well as other economic losses. You can also make a claim based on pain and suffering. It is important to select an attorney who is experienced in handling cases involving birth trauma. The attorney will make sure that you get all the damages you deserve.

Gathering Evidence

A successful Erb's palsy lawsuit could result in compensation to cover the costs of medical expenses as well as future treatment requirements, and other damages. While no amount of money can make up the cost of a child's injury making medical professionals accountable and obtaining compensation for families can help them get back some control over their lives.

During this stage of the litigation your lawyer will work with experts to review the medical records and determine if negligence caused the injury. It is possible to obtain other documents, witness depositions, and many more.

If the lawyers have sufficient proof to prove that a doctor was negligent, they usually try to negotiate a settlement outside of court. This will allow families to receive their compensation sooner and eliminates the risk that a verdict in a trial could be overturned by an appeal. If a settlement is not possible the attorney will prepare for a trial. In a trial in a courtroom, the judge or jury will listen to the arguments of both parties and decide if the healthcare professional's actions were reasonable in the context of the situation.

Making a Complaint

Based on the outcome of the case, you may be awarded a compensation amount that can be used to pay for your child's treatment. If you win your lawsuit you can use the money to purchase rehabilitation equipment and physical therapy for your child.

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

Your attorney will use the information gathered during this phase to determine if your doctor acted in a negligent manner. If your doctor failed in his education to recognize the risk factors and your child was injured due to it then you could have grounds to file a claim for medical malpractice. Your lawyer will then determine if to settle the case or pursue a trial. A trial is the process of the presentation of your case to an impartial jury and a judge.

Trial

The brachialplexus is a group of nerves which runs from the spine up to the arm and shoulder. When medical professionals pull a baby too hard during delivery, this can damage the nerves and cause Erb's palsy. Families could be awarded compensation for treatment and other costs if they win a lawsuit.

The first step is to schedule a meeting with an Erb's Palsy lawyer and determine if your child's injuries were the result of medical negligence during the birth. Your attorney will examine your child's medical records as well as other evidence to help you decide whether negligence was the primary reason for the injury.

After you and your legal team agree that negligence is at fault and they submit a complaint to the court. The defendants will have 30 days to respond. In this time both legal teams will obtain more evidence to support their sides including expert reports and personal accounts from witnesses.

Then, both legal teams will work to find a solution. If both sides are unable to reach a settlement then the case will be decided in front of jurors and a judge.