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How an Erb's Palsy Lawsuit Can Ease Financial Burdens The medical expenses for parents of children with Erb's Palsy are enormous. They will continue to be that way throughout the life of the child. The financial compensation resulting from an effective brachial-plexus lawsuit can help ease the financial burden. The legal process to file a lawsuit for erb's paralysis is complex and requires assistance of a skilled malpractice lawyer in Arizona. Each case is different however, the majority of cases follow a similar pattern. Medical Records If a lawyer is investigating an Erb's palsy lawsuit, they will first review all medical records. These records are used to determine how much the client could receive in compensation. This money can be used to pay for future and current medical expenses for surgery, physical therapy, and other treatments related to the child's injury. A lawyer will also take into account the potential economic loss that may result from the injury of their child. erb's palsy lawyer garland could include expenses for caregiving, lost wages as well as other costs. An experienced lawyer will be able calculate all damages that could be incurred by the client. Erb's palsy happens when the brachial-plexus nerves are stretched or damaged in labor. It is one of the most common birth injuries and is often preventable. Medical negligence can be charged against doctors who fail to adhere to accepted standards of care when they deliver a baby. Examples of this type of malpractice are: failing to perform C-sections correctly, pulling too hard on the shoulders or head and the improper use of tools like forceps. Interviews with Experts The brachial nerve plexus is a set of nerves that regulates arm movement. Forceful pulling on the shoulder, neck or arm that causes nerves to stretch can cause damage and lead to Erb's palsy. The injury can affect the quality of life for a newborn as they might not be able to participate in certain sports or do everyday activities like buttoning a t-shirt. The majority of Erb's palsy cases result from medical mistakes during childbirth. Doctors who use the incorrect kind of delivery device or apply too much force during vaginal birth or a c-section can stretch or tear the baby's trachea tube, leading to injury. Depending on your case there may be compensation possible for both future and past medical expenses related to the injury. You may also be able to claim damages for lost wages as well as other economic losses. You may also file a claim based on pain and suffering. It is important to select an attorney with experience in dealing with birth trauma cases. The lawyer will ensure your claim is accounted for in full of the damages you are entitled to. Gathering Evidence A successful Erb's palsy lawsuit could result in compensation for the cost of a child's medical expenses, future treatment needs, and other damages. There is no way to make up for the injury a child suffered. However having medical professionals held accountable and obtaining compensation could give families a sense of control over their lives. In this phase of litigation, you lawyer will collaborate with experts to study medical records and determine if negligence was the cause of the injury. It may also be necessary to obtain additional documents witness depositions, and more. Once the lawyers have enough proof to prove that a physician was negligent and they are able to reach a non-judicial settlement. This allows families to receive compensation faster and avoids the possibility of a trial verdict being invalidated by an appeal. If a settlement is not possible the attorney will prepare for a trial. In a court trial the judge or jury will listen to the arguments of both sides and determine if the healthcare professional's actions were reasonable in the context of the situation. Filing a Complaint Based on the outcome of the case, you could be awarded compensation that could be used to pay for your child's treatment. A successful lawsuit will allow you to put your money towards rehabilitation and assistive devices for your child. If you suspect that medical negligence is a cause of your child's Erb palsy, it's important to speak to an experienced attorney as soon as possible. Your lawyer will file a lawsuit on your behalf. The defendant is then given a certain period of time to respond, and your lawyer may seek additional expert opinions. Your attorney will use the information gathered during this stage to determine if the doctor you saw committed malpractice. Doctors who deliver babies are trained to recognize risk factors, and if your doctor was unable to recognize one of these risks and your child suffered an injury due to the negligence, you may be able to make a claim for medical malpractice. Your lawyer will decide if to accept a settlement, or to go to trial. A trial involves presenting your case in front of a judge and jury. Trial The brachialplexus is a group of nerves that run from the spine up to the shoulder and arm. Medical experts can cause Erb's -Plasy by pulling a baby too hard when they deliver the baby. A successful lawsuit could award families with compensation to cover treatment as well as other costs related to the condition. The first step is to schedule a consultation with an Erb's 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 as well as other evidence to determine whether malpractice is the reason for their injuries. After you and your legal team are of the same mind that malpractice is at fault then they can file a complaint with the court. The defendants have 30 calendar days to respond. In this time, both legal teams will gather more evidence in support of their respective sides which could include expert reports as well as personal testimonies from witnesses. Both legal teams will then try to reach an agreement. If they are not able to agree to a settlement, the case will be tried in front of the jury and a judge.