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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 enormous. They will remain so throughout the child's life. Compensation from an effective brachial plexus lawsuit could ease the financial burden. The legal process for filing a lawsuit for erb's paralysis is complicated and requires the assistance of an experienced malpractice attorney in Arizona. Each case is different, but the majority of cases follow a similar pattern. Medical Records If a lawyer is investigating an Erb's palsy suit, they will first go through all medical records. These records will be used to determine how much a plaintiff could receive in compensation. This compensation could help pay for current and future medical bills for physical therapy, surgeries, and other treatments for the child's injury. A lawyer will also consider the potential future economic losses that could result from the injury of their child. These could include lost wages, caregiving costs and other expenses. A seasoned malpractice attorney can calculate all the potential damages for a client. Erb's Palsy is a condition that occurs when the brachial-plexus nerves get stretched or damaged in labor. It's one of the most common birth injuries, and is often prevented. Doctors who do not adhere to the accepted standards of care during delivery are liable for medical negligence. This type of malpractice includes: inability to perform C-sections, pulling too hard on shoulders or head, and improper use of instruments such as forceps. Interviews with Experts The brachialplexus, or brachial nerve, is a system that regulates the movement of the arm. Forceful pulling on the arm, shoulder or neck that causes nerves to stretch can cause damage and eventually lead to Erb's palsy. The injury could impact the quality of life of a newborn, as they might not be able do certain sports or do everyday activities such as buttoning a t-shirt. The vast majority of cases of Erb's syndrome are caused by medical mistakes during childbirth. Doctors who choose the wrong type of delivery tools or apply too much pressure during a vaginal birth or c-section may stretch or tear a baby's brachial plexus which can result in a laceration. Based on the circumstances of your case, you may be entitled to compensation for past and future medical expenses that are related to the injury. Additionally, you can claim damages for lost wages as well as other economic losses. Additionally, you can make a claim for pain and suffering. It is important to choose an attorney with experience handling birth trauma cases. The lawyer will ensure that you are compensated for all damages you deserve. Gathering Evidence A successful Erb's Palsy lawsuit could result in compensation to pay the cost of a child's medical expenses as well as future treatment requirements, and other damages. While no amount of money can make up the costs of an injury to a child, making medical professionals accountable and obtaining compensation can help families gain back control of their lives. During this stage of the litigation, you lawyer will collaborate with experts to review medical records to determine if negligence caused the injury. It is possible to obtain additional documents, witness depositions and more. If the lawyers have sufficient evidence to show that a physician committed malpractice and they are able to negotiate a settlement outside of court. This will allow families to receive compensation faster and also avoids the possibility of a trial verdict being overturned by appeal. If a settlement can't be reached the lawyer will prepare you for the possibility of a trial. In a trial, a judge or jury will listen to both parties arguments and determine whether the healthcare professional acted in a reasonable manner in the circumstances. Making a Complaint Depending on the outcome of the case, you could be awarded compensation that could assist in the cost of your child's treatment. erb's palsy attorneys montgomery will allow you to put your money toward physical therapy and assistive devices for your child. If you suspect medical negligence is a cause of your child's Erb palsy, it's important to speak with an experienced attorney as soon as possible. Your lawyer will make the complaint on your behalf. The defendant will then be given a specific amount of time to reply and your lawyer may request additional expert reports. Your attorney will make use of the information gathered during this phase to determine if your doctor acted in a negligent manner. If your doctor failed in his training to identify the risk factor and your child suffered injuries due to it, you may have grounds to pursue a claim based on medical malpractice. Your lawyer will decide if to accept a settlement, or to proceed to trial. A trial would require you to present your case to the jury and a judge. Trial The brachialplexus is a collection of nerves that run from the spine up to the shoulder and arm. When medical personnel pull an infant too much during birth this can cause damage to the nerves and lead to Erb's palsy. A successful lawsuit can award families with compensation to cover treatment and other expenses related to the condition. To begin, you should consult with a lawyer to determine if your child's injuries are due to medical negligence at birth. Your lawyer will go over the medical records of your child and other evidence to help you determine whether or not malpractice was responsible for the injury. Once you and your legal team have decided that malpractice is at fault then they will submit a complaint to the court. The defendants have 30 days to respond. In this time each legal team will gather additional evidence in support of their respective sides, including expert reports and personal testimonies from witnesses. The legal teams will attempt to reach a settlement. If they fail to settle, the case will be tried in front of an arbitrator and judge.