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How an Erb's Palsy Lawsuit Can Ease Financial Burdens The medical costs for parents of children suffering from Erb's palsy are huge. They will remain so throughout the child's life. The compensation from an effective brachial-plexus lawsuit can help ease the financial burden. The legal process of submitting an erb's palsy lawsuit is a complex one and requires experienced malpractice lawyers in AZ. Each case is unique however the majority follow a similar pattern. Medical Records When a lawyer investigates an Erb's palsy suit, they will first go through all medical records. These records will be used to determine how much a client might receive in compensation. This money can be used to cover the current and future medical expenses for surgical, physical therapy and other treatments that are related to the child's injury. A lawyer will also take into consideration the future economic loss that could result from their child's injury. These could include lost wages as well as the cost of caring for and other costs. An experienced lawyer will be able to calculate all potential damages for the client. Erb's Palsy occurs when the brachial-plexus nerves become stretched or damaged in labor. It's one of the most common birth injuries, and it's often preventable. Doctors who do not follow the accepted standards of care for babies during birth can be held liable for medical negligence. This type of malpractice includes the failure to perform C section procedures or pulling too hard on the head or shoulders, and the improper use of tools like forceps. Interviews with experts The brachialplexus is a bundle which controls the movement of the arm. Erb's Palsy is caused by pulling the arm, neck or shoulder too far. The injury could impact the quality of life of a newborn, as they may not be able perform certain sports or everyday activities like buttoning a shirt. Medical negligence during childbirth accounts for the majority of cases of Erb's Palsy. Doctors who choose the wrong type of delivery equipment or apply excessive pressure during vaginal birth or c-section may stretch or tear a baby's brachial plexus, resulting in an injury. In the event of a case, compensation may be available for past and future medical expenses resulting from the injury. You may also claim damages if you have lost your wages or suffered other economic losses. Moreover, you can bring a claim for pain and suffering. It is essential to choose an attorney with experience in birth trauma cases. The attorney will make sure that you get all 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. A sum of money cannot be enough to compensate for the injuries a child has suffered. However, holding medical professionals responsible and gaining compensation can provide families with some control over their lives. In this phase of litigation, you lawyer will collaborate with experts to examine medical records and determine whether negligence was the cause of the injury. It may be necessary to obtain other documents, witness depositions, and much more. If lawyers have enough evidence to prove that a doctor was negligent The lawyers will usually attempt to reach a settlement out of court. This process allows families to receive compensation more quickly and eliminates the risk that a court verdict could be rescinded by appeal. If it is not possible to settle the case your lawyer will prepare for a trial. In the course of a trial an impartial jury or judge will hear both sides arguments and decide if the healthcare professional acted reasonably in the circumstances. How to file a complaint Depending on the outcome the case, you could be awarded compensation that could assist in the cost of your child's treatment. A successful lawsuit can allow you to use your funds towards the physical therapy and assistive devices for your child. If you suspect that medical negligence contributed to your child's Erb's syndrome, you should talk to an experienced attorney as soon as is possible. Your lawyer will make the complaint on your behalf. The defendant is then given a certain period of time to respond to your lawyer, and you may require additional expert reports. erb's palsy lawsuit lexington will use information gathered in this phase to determine whether your doctor committed malpractice. If your doctor failed in his education to recognize the risk factors and your child was injured as a result of it there is a possibility that you have grounds to pursue a claim based on medical malpractice. Your lawyer will decide whether or not to accept a settlement or to go to trial. A trial would involve presenting your case in front of jurors and a judge. Trial The brachialplexus comprises a set of nerves which runs from the spine all the way to the shoulder and arm. If medical personnel pull an infant too hard during delivery, this can damage the nerves and lead to 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 consult with an Erb's lawyer and determine if your child's injuries were the result of medical negligence during birth. Your lawyer will examine the medical records of your child as well as other evidence in order to determine whether malpractice is at fault for their injuries. Once you and your legal team agree that negligence is at fault the lawyers will submit a complaint to the court. The defendants will have 30 days to respond. In this time, both legal teams will gather more evidence to the defense of their respective sides which could include expert reports as well as personal testimony from witnesses. The legal teams will attempt to come to an agreement. If both sides fail to reach a resolution the case will be tried in front of a jury and judge.