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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 lifetime of their child. Compensation from an effective brachial plexus lawsuit can help alleviate the financial burden. The legal process for filing an action against erb's paralysis is complicated and requires the assistance of experienced malpractice attorneys in Arizona. Each case is different, but the majority follow the same pattern. Medical Records When a lawyer investigates an Erb's Palsy lawsuit, they will first go through all medical records. These documents will be used when determining the amount of compensation a person could be entitled to. erb's palsy attorney arizona could help pay for future medical bills for surgery, physical therapy, and other treatments for injuries to the child. A lawyer will also consider the future economic losses that may result from the injuries sustained by their child. This could include the loss of wages, caregiving costs, and other expenses. An experienced lawyer can estimate any damages that could be possible for the client. Erb's palsy occurs when the brachial plexus nerves are stretched or damaged during labor. It's one of the most commonly occurring types of birth injuries, and is usually preventable. Doctors who fail to adhere to accepted standards of care for babies during birth could be held accountable for medical negligence. This type of malpractice could include the failure to perform C section procedures or pulling too hard on the head or shoulders, and improper use of instruments such as forceps. Interviews with Experts The brachialplexus is a bundle that regulates the movement the arm. Erb's palsy can be caused by pulling the arm, neck or shoulder too far. The injury can impact the quality of life for a newborn because they may not be able do certain sports or everyday activities such as buttoning a t-shirt. The vast majority of cases of Erb's syndrome result from medical negligence during childbirth. Doctors who use the wrong kind of delivery tool or apply too excessive force during vaginal birth or a c-section can stretch or tear the baby's brachial tube resulting in injuries. Depending on the circumstances of your particular case, you may be entitled to an amount of compensation for future and past medical expenses resulting from the injury. You may also be entitled to damages if you have lost your wages or suffered other economic losses. Moreover, you can seek compensation for pain and suffering. It is essential to choose an attorney with experience in birth trauma cases. The lawyer will ensure that you receive all the damages that you deserve. Gathering Evidence A successful Erb's-Palsy lawsuit could result in compensation to pay the costs of medical bills, future treatment needs, and other damages. Although no amount of money can make up the costs of an injury to a child, holding medical professionals accountable and winning compensation can help families get back some control over their lives. At this point in the litigation, your lawyer will work with experts to review the medical records and determine if negligence is the reason for the injury. It is also possible to obtain additional documents witness depositions, and much more. Once the lawyers have enough proof to prove that a doctor was negligent and they are able to reach a non-judicial settlement. This process allows families to receive their money more quickly and avoids the possibility that a court verdict could be rescinded by appeal. If a settlement is not possible the attorney will prepare for a trial. In the course of a trial an impartial jury or judge will listen to both parties' arguments and decide if the healthcare professional behaved in a reasonable manner under the circumstances. Filing a complaint In the event of a successful outcome If the case is successful, you could receive compensation to help pay for the treatment of your child. If you win your lawsuit, you could use the money to purchase aidive equipment and physical therapy for your child. If you suspect that medical negligence played a role in your child's Erb palsy, it is important to speak to an experienced attorney as soon as possible. Your lawyer will make the complaint on your behalf. The defendant has a limited time to respond. Your lawyer can also request additional expert reports. Your attorney will use information gathered during this phase to determine if your doctor committed malpractice. Doctors who deliver babies are trained to identify risk factors and if your doctor was unable to recognize a risk and your child suffered an injury due to the negligence it could be possible to bring a medical malpractice lawsuit. Your lawyer will decide whether to settle the case or if you want to go to trial. A trial is the process of presenting your case in front of the jury and a judge. Trial The brachialplexus is a group of nerves that runs from the spine to the arm and shoulder. Medical professionals can cause Erb's palsy by pulling the infant too hard when they deliver the baby. Families can receive compensation for treatment and other expenses when they win a lawsuit. To begin, set up a meeting with your attorney to determine if your child's injuries are due to medical negligence during birth. Your lawyer will examine the medical records of your child, as well as other evidence to determine whether malpractice is at fault for their injuries. If you and your legal team have agreed that malpractice is the cause and they make a complaint to the court. The defendants will have about 30 days to respond. In this time the legal teams of both sides will gather more evidence in the defense of their respective sides, including expert reports and personal testimony from witnesses. Then the legal teams will work to find a solution. If they fail to agree to a settlement, the case will be heard before the jury and a judge.