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How an Erb's Palsy Lawsuit Can Ease Financial Burdens Parents of children suffering from the condition Erb's palsy have to pay huge medical costs throughout the lifetime of their child. Compensation from a successful brachial plexus lawsuit could ease the financial burden. The legal procedure for filing a lawsuit for erb's paralysis is complicated and requires the assistance of an experienced malpractice attorney in Arizona. Each case is unique, however the majority of cases follow a similar pattern. Medical Records A lawyer will review all medical records when looking into an Erb's palsy lawsuit. These records are used to determine the amount a plaintiff could receive in compensation. This money can be used to cover current and future medical bills for surgeries, physical therapy and other treatments for the child's injury. A lawyer will also take into account the potential economic loss that may result from the child's injuries. This could include lost earnings and caregiving costs and other expenses. An experienced lawyer can calculate all damages that could be incurred by the client. Erb's spalsy occurs when brachial-plexus nerves are stretched or damaged during labor. It's among the most common types of birth injuries and is typically avoidable. Medical negligence is a crime that can be brought against doctors who fail to adhere to accepted guidelines for the delivery of an infant. This kind of malpractice can include: inability to perform C-sections or pulling too hard on the head or shoulders and improper usage of tools such as forceps. Interviews with experts The brachial plexus is a group of nerves that regulates movement of the arm. Erb's spalsy can occur by pulling the neck, arm or shoulder too hard. The injury could impact the quality of life for a newborn as they might not be able do certain sports or daily activities like putting on a t-shirt. Medical negligence during childbirth is the cause for the majority of cases of Erb's Palsy. Doctors who choose the wrong kind of delivery tool or use too much force during vaginal or c-section birth can stretch or tear the baby's brachial tube resulting in injuries. Based on the circumstances of your case you could be entitled to the compensation you deserve for past and future medical expenses that are related to the injury. You may also claim damages if you have lost wages or suffered other economic losses. Additionally, you can bring a claim for pain and suffering. It is important to select an attorney who has experience in handling birth trauma cases. The attorney will make sure that you are compensated for all damages you are entitled to. Gathering Evidence A successful Erb's palsy lawsuit could result in compensation that covers the cost of a child's medical expenses and future treatment needs and other damages. The amount of money you pay will not compensate for a child’s injury. However having medical professionals held accountable and winning compensation may give families a sense of control over their lives. During this stage of the litigation, your lawyer will work with experts to analyze medical records to determine if negligence caused the injury. It could be necessary to obtain additional documents, witness depositions, and much more. Once erb's palsy attorneys moreno valley have enough proof to prove that a medical professional was negligent they typically try to negotiate an out-of-court settlement. This will allow families to receive compensation quicker and reduces the chance of a trial verdict being overturned by appeal. If a settlement is not reached your lawyer will prepare you for a trial. In the course of a trial, a judge or jury will listen to both parties argument and decide if the healthcare professional was acting in a reasonable way in the circumstances. Filing 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 prevail in your lawsuit, you can use the winnings to pay for physical therapy and assistive equipment for your child. If you suspect that medical negligence caused your child's Erb's syndrome it is important to speak with an experienced attorney as soon as you can. Your lawyer will make the complaint on your behalf. The defendant has a limited time to respond. Your lawyer may also request additional expert reports. Your lawyer will use the information gathered during this stage to determine if your doctor was negligent. Doctors who deliver babies undergo training to identify risk factors, so if your doctor failed to identify one of these risks and your child suffered injury due to the negligence then you could be able to make a claim for medical malpractice. Your lawyer will decide if to settle the case or pursue a trial. A trial would require you to present your case before an impartial jury and a judge. Trial The brachialplexus comprises a set of nerves running from the spine upwards to the arm and shoulder. If medical personnel pull an infant too hard during delivery it can cause damage to the nerves and lead to Erb's palsy. A successful lawsuit could award families with compensation to cover medical and other expenses associated with the condition. The first step is to schedule a consult with an Erb's palsy attorney and determine if your child's injuries were caused by medical negligence during the birth. Your attorney will examine the medical records of your child as well as other evidence to determine whether or not malpractice was responsible for the injury. After you and your legal team have agreed that malpractice is to blame then they can submit a complaint to the court. The defendants then have about 30 days to respond. During this time each legal team will obtain more evidence to support their positions like expert reports and personal accounts from witnesses. Then, both legal teams will work to find a solution. If they are unable to agree to a settlement, the case will be heard in front of an arbitrator and judge.