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How an Erb's Palsy Lawsuit Can Ease Financial Burdens Parents with children who suffer from Erb's Palsy are faced with huge medical expenses throughout the life of their child. A successful brachial-plexus lawsuit may ease financial burdens. The legal process to file an action against erb's paralysis is complex and requires the assistance of a seasoned malpractice attorney in Arizona. Each case is unique, however the majority follow a common pattern. Medical Records If a lawyer is investigating an Erb's palsy lawsuit, they will first go through all medical records. These records are used to determine how much a plaintiff could receive in compensation. This compensation can be used to pay for the current and future medical expenses for physical therapy, surgery, as well as other treatments associated with the child's injury. A lawyer will also consider the potential future economic losses that might occur due to the injury of their child. This could include lost earnings and the cost of providing care, and other expenses. An experienced malpractice attorney will be able to estimate all the potential damages for a client. Erb's Palsy is a condition that occurs when the brachial plexus nerves get stretched or damaged during labor. It's among the most common birth injuries, and is often avoidable. Doctors who don't follow the accepted standards of care during the birth can be held liable for medical negligence. Some examples of this type of malpractice include: failing to perform a C-section, pulling too hard on the shoulders or head, and misuse of tools such as forceps. Interviews with Experts The brachial plexus is a group of nerves that controls movement of the arm. When you forcefully pull your shoulder, neck or arm that strains these nerves could cause damage and eventually lead to Erb's palsy. The injury can affect the quality of life of newborns, since they may not be able perform certain sports or daily activities such as buttoning a t-shirt. The majority of cases of Erb's syndrome result from medical negligence during childbirth. Doctors who choose the wrong type of delivery tools or apply too much pressure during a vaginal birth, or a c-section, can stretch or tear a baby's brachial plexus, resulting in an injury. In the event of a case depending on your situation, compensation may be available for past and future medical expenses related to your injury. You may also be entitled to damages if you have lost wages or suffered other economic losses. You can also seek compensation for pain and suffering. It is important to select an attorney who is experienced in dealing with birth trauma cases. The lawyer will ensure that you receive all the compensation you're entitled to. Gathering Evidence A successful Erb's suit could result in compensation for medical expenses incurred by a child, future needs for treatment and other damages. While no amount will be able to compensate the costs of an injury to a child, holding medical professionals accountable and winning compensation can help families gain back control of their lives. In this phase of the litigation your lawyer will work with experts to review the medical records and determine if negligence caused the injury. It is also possible to get additional documents including depositions of witnesses and many more. When lawyers have sufficient evidence to prove that a doctor acted negligently, they will typically attempt to negotiate a settlement of court. This allows families to receive compensation more quickly and also eliminates the possibility that a verdict from a trial could be rescinded through an appeal. However, if a settlement is not possible the attorney will prepare for a trial. In a trial, a judge or jury will hear both sides' arguments and decide whether the healthcare professional behaved in a reasonable manner in the circumstances. Making a complaint Based on the outcome If the case is successful, you could receive compensation to cover the treatment of your child. A successful lawsuit could allow you to use your funds toward the physical therapy and assistive devices for your child. If you suspect that medical negligence is a cause of your child's Erb palsy, it is essential to consult an experienced attorney right away. Your lawyer will file a lawsuit on your behalf. The defendant is then given a certain amount of time to reply to your lawyer, and you may need to request additional expert reports. Your lawyer will utilize the data gathered during this process to determine whether your doctor acted in a negligent manner. erb's palsy attorney corona who deliver babies undergo training to recognize risk factors, therefore if your doctor failed to recognize one of these risks and your child suffered an injury due to the negligence it could be possible to pursue a medical malpractice claim. Your lawyer will decide whether or not to accept a settlement, or to proceed to trial. A trial will involve presenting your case before jurors and a judge. Trial The brachialplexus is an accumulation of nerves that run from the spine to the arm and shoulder. Medical professionals can cause Erb's Palsy by pulling a baby too hard when they deliver the baby. A successful lawsuit could compensate families to cover treatment and other expenses related to the condition. The first step is to set up a meeting with an Erb's Palsy lawyer and determine whether your child's injuries were caused by medical negligence during the birth. Your lawyer will go over the medical records of your child as well as other evidence in order to determine if malpractice is to blame for their injuries. If you and your legal team agree that negligence is the cause, they will file a complaint with the court. The defendants will have 30 days to respond. During this period the legal teams will seek out additional evidence to back their arguments, such as personal accounts and expert reports from witnesses. Then, both legal teams will try to find a solution. If both sides fail to reach a settlement, then the case will be tried in front of the jury and judge.