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How an Erb's Palsy Lawsuit Can Ease Financial Burdens Parents of children suffering from Erb's palsy face enormous medical expenses throughout the life of their child. The financial compensation resulting from a successful brachial plexus lawsuit can help alleviate the financial burden. The legal process for filing an action against erb's paralysis is complex and requires assistance of a skilled malpractice lawyer in Arizona. Each case is unique, however the majority follow a pattern. Medical Records A lawyer will examine all medical records when researching an Erb's Palsy lawsuit. These records will be used to determine the amount a person could be entitled to compensation. This money can be used to cover the current and future medical expenses for surgical, physical therapy as well as other treatments associated with the child's injuries. A lawyer will also consider the economic damages that could occur due to the injuries suffered by their child. This could include lost wages, costs for caregiving and other costs. An experienced malpractice attorney will be able to estimate all the potential damages for the client. Erb's syndrome occurs when brachial plexus nerves are stretched or damaged during labor. It is one of the most common birth injuries, and is often avoidable. Doctors who don't adhere to accepted standards of care during delivery can be held liable for medical negligence. Examples of this type of malpractice are: failing to perform C-sections properly, pushing too hard on the head or shoulders as well as inadvertent use of tools, such as forceps. Interviews with experts The brachial plexus is a group of nerves that regulates arm movement. Erb's palsy can be caused by pulling the arm, neck or shoulder too hard. The injury could affect a newborn's life quality, because they may not be able to perform certain sports or everyday activities like buttoning a shirt. The majority of cases of Erb's palsy are caused by medical mistakes during childbirth. Doctors who use the wrong kind of delivery device 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 depending on your situation, compensation may be available for future and past medical expenses related to your injury. Additionally, you can claim damages for lost wages as well as other economic losses. You may also make a claim based on pain and suffering. It is important to select an attorney with experience dealing with birth trauma cases. The lawyer will make sure that your claim accounts for all of the compensation you're entitled to. Gathering Evidence A successful Erb's-Palsy lawsuit could result in compensation to pay the costs of medical expenses as well as future treatment requirements, and other damages. Although no amount of money can make up the child's injuries, making medical professionals accountable and obtaining compensation can help families gain back control of their lives. In this phase of the litigation your lawyer will collaborate with experts who will analyze the medical records and determine if negligence caused the injury. It is also possible to obtain additional documents including depositions of witnesses and much more. Once the lawyers have enough evidence to show that a doctor has committed malpractice They will usually try to reach a settlement out of the court. This allows families to receive their compensation sooner and also avoids the possibility of a verdict from a trial being overturned in an appeal. If a settlement is not reached, your lawyer will prepare you for an appeal. In the course of a trial the judge or jury will hear both sides arguments and determine whether the healthcare professional acted in a reasonable manner under the circumstances. Filing a Complaint Depending on the outcome the case, you may be awarded compensation to assist in the cost of your child's treatment. If you win your lawsuit, you can use the funds to pay for physical therapy and assistive equipment for your child. If you believe medical negligence caused the Erb's palsy of your child it is important to speak with an experienced attorney as soon as possible. Your lawyer will file a complaint on behalf of you. The defendant is then given a certain amount of time to reply, and your lawyer may seek additional expert opinions. Your attorney will utilize the information gathered during this stage to determine if your doctor acted in a negligent manner. If your doctor did not follow his education to recognize a risk factor and your child suffered injuries as a result of it then you could have grounds to file a claim for medical malpractice. Your lawyer will then determine if to settle the case or proceed to trial. A trial would require you to present your case before the jury and a judge. Trial The brachialplexus is a group of nerves which runs from the spine upwards to the arm and shoulder. If medical experts pull an infant too hard during delivery it could damage the nerves and lead to Erb's palsy. Families may receive compensation for treatment costs and other expenses if they win a lawsuit. The first step is to schedule a consult with an Erb's palsy lawyer and determine if your child's injuries were the result of medical negligence during the birth. The lawyer will look over the medical records of your child and other evidence to determine if malpractice is the reason for their injuries. Once you and your legal team agree that malpractice is to blame and they submit a complaint to the court. The defendants are given 30 days to respond. In this time both legal teams will seek out additional evidence to support their claims including personal accounts and expert reports from witnesses. erb's palsy lawyer midland will attempt to come to an agreement. If both sides fail to reach a settlement then the case will be decided before the jury and judge.