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How an Erb's Palsy Lawsuit Can Ease Financial Burdens The medical expenses for parents of children who suffer from Erb's Palsy are astronomical. They will remain so throughout the entire life of the child. A successful lawsuit for brachial plexus could help alleviate the financial burdens. The legal procedure for filing a lawsuit against erb's paralysis is a complex one and requires the assistance of a skilled malpractice lawyer in Arizona. Each case is different however, the majority of cases follow the same pattern. Medical Records When a lawyer investigates an Erb's palsy suit, they first examine all medical records. These records will be used in determining the amount of compensation the client could receive. The compensation may be used to cover the cost of future and current medical expenses for surgical, physical therapy as well as other treatments associated with the child's injury. A lawyer will also take into account the potential economic loss that might occur due to the child's injuries. These could include the loss of wages, caregiving costs and other costs. An experienced malpractice attorney can estimate all the potential damages for a client. Erb's palsy happens when the brachial plexus nerves are stretched or damaged during labor. It's among the most commonly occurring types of birth injuries and is often prevented. Doctors who do not adhere to the accepted standards of care for babies during birth are liable for medical negligence. This kind of negligence includes the inability to perform C-sections as well as pulling too much on the head or shoulders and improper use of tools such as forceps. Interviews with experts The brachial plexus is a group of nerves which regulates the arm movement. A forceful pull on the arm, shoulder or neck that strains these nerves can cause damage and eventually lead to Erb's palsy. The injury can affect a newborn's quality of life and they may not be able to take part in certain sports or do day-to-day activities such as 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 instrument or use too excessive force during a vaginal or c-section birth could stretch or tear the baby's brachial tube, leading to injury. Based on the situation there may be compensation available for future and past medical expenses related to your injury. Additionally, you can claim damages if you have lost wages or suffered other economic losses. You can also bring a claim for suffering and pain. It is important to select an attorney who is experienced dealing with birth trauma cases. The lawyer will ensure your claim is fully covered by all of the compensation you're entitled to. Gathering Evidence A successful Erb’s palsy suit could result in compensation for a child's medical expenses and future treatment needs as well as other damages. While no amount can compensate for a child's injury, holding medical professionals accountable and winning compensation can help families gain 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 is the reason for the injury. It could also be necessary to get additional documents and depositions of witnesses and much more. If lawyers have enough evidence to prove that a doctor acted negligently The lawyers usually attempt to negotiate a settlement of court. This will allow families to receive compensation faster and avoids the possibility of a verdict from a trial being overturned by appeal. If a settlement can't be reached, your lawyer will prepare you for a trial. In a court trial a judge or jury will listen to the arguments of both parties and decide if the healthcare professional was acting in a reasonable manner in the context of the situation. Filing a Complaint Depending on the outcome of the case, you may be awarded a compensation amount that can aid in paying for your child's treatment. If you win your lawsuit you could use the money to fund aidive equipment and physical therapy for your child. If you believe that medical negligence played a role in your child's Erb's paralysis it is important to speak with an experienced lawyer as soon as you can. Your lawyer will file the complaint on your behalf. The defendant will then have a certain period of time to respond to your request, and your lawyer can seek additional expert opinions. Your lawyer will use the information gathered during this stage to determine the extent to which your doctor was negligent. If your doctor erred in his training to identify an issue that could be a risk and your child suffered injuries as a result of it and you are able to prove it, you could be able to file a lawsuit for medical malpractice. Your lawyer will then decide whether to accept a settlement or go to trial. A trial will involve presenting your case to the jury and a judge. Trial The brachial plexus is a group of nerves that run from the spine to the shoulder and arms. Medical professionals can cause Erb's palsy by pulling the infant too hard when delivering the baby. erb's palsy attorneys westminster could compensate families to cover treatment and other expenses associated with the condition. In the beginning, you should schedule a consultation to determine if the injuries suffered by your child are the result of medical negligence at birth. Your attorney will review the medical records of your child and other evidence in order to determine if malpractice was the reason for their injuries. Once you and your legal team have agreed that you are at fault for the malpractice, they will file a court complaint. The defendants will have approximately 30 days to respond. In this period, both legal teams will gather more evidence to support their claims including expert reports and personal accounts from witnesses. Both legal teams will then attempt to reach an agreement. If both sides fail to reach a settlement then the case will be decided before the jury and judge.