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How an Erb's Palsy Lawsuit Can Ease Financial Burdens The medical expenses for parents of children suffering from Erb's palsy are huge. They will continue to be so throughout the entire life of the child. A successful lawsuit involving brachial plexus may help ease financial burdens. The legal process for filing an action against erb's paralysis is complex and requires assistance of an experienced malpractice attorney in Arizona. Each case is unique, however most follow a similar pattern. Medical Records If a lawyer is investigating an Erb's palsy suit, they first look over all medical records. These records will be used for determining how much compensation a client might receive. This money can be used to cover future and current medical costs for surgery, physical therapy, and other treatments relating to the child's injuries. A lawyer will also consider the potential economic loss that may result from the injuries of their child. This could include lost wages, costs for caregiving, and other expenses. A seasoned malpractice attorney can calculate the possible damages for a client. Erb's Palsy is a condition that occurs when the brachial plexus nerves are stretched or damaged during labor. It's among the most frequent birth injuries and is often prevented. Medical negligence can be a charge against doctors who do not follow accepted standards of care when delivering an infant. This kind of malpractice can include: inability to perform C-sections and pulling too hard on the head or shoulders, and the improper use of tools like forceps. Interviews with experts The brachialplexus, or brachial nerve, is a system that controls the movement of the arm. Erb's palsy can be caused by pulling the arm, neck or shoulder too hard. The injury could affect the quality of life of newborns as they may not be able participate in specific sports or participate in everyday things like buttoning a shirt. The vast majority of cases of Erb's Palsy are caused by medical negligence during childbirth. Doctors who make the wrong type of delivery instrument or use too much force during vaginal or c-section birth could stretch or tear the baby's brachial tubes, leading to injury. Based on the situation there may be compensation possible for both future and past medical expenses related to your injury. You can also recover damages for lost wages and other economic losses. You can also submit a claim based upon suffering and pain. You should select an attorney who has experience dealing with birth trauma cases. The lawyer will ensure that you get all damages that you deserve. Gathering Evidence A successful lawsuit for Erb's palsy could result in compensation for the cost of a child's medical bills as well as future treatment requirements, and other damages. While no amount can make up the cost of a child's injury making medical professionals accountable and obtaining compensation can help families get back control of their lives. During this stage of the legal process, your lawyer will work with experts to analyze medical records and determine if negligence caused the injury. It could also be necessary to get additional documents, depositions of witnesses, and more. If the lawyers have enough evidence to show that a doctor acted negligently The lawyers usually attempt to negotiate a settlement out of the court. This will allow families to receive compensation quicker and eliminates the risk that a verdict in a trial could be overturned by appeal. If a settlement can't be reached, your lawyer will prepare you for the possibility of a trial. In a trial, a judge or jury will listen to both parties argument and decide if the healthcare professional behaved in a reasonable manner in the circumstances. Filing a Complaint Based on the outcome of the case, you could be awarded compensation that could help pay for your child's treatment. A successful lawsuit will allow you to use your funds towards the physical therapy and assistive devices for your child. If you suspect that medical negligence was a factor in your child's Erb's paralysis and you believe that medical negligence was the cause, you should speak to an experienced attorney as soon as you can. Your lawyer will file a lawsuit on your behalf. The defendant will then have a specified amount of time in which to respond to your lawyer, and you may need to request additional expert reports. Your lawyer will utilize the information gathered during this stage to determine whether your doctor acted in a negligent manner. If your doctor failed in his training to identify the risk factor and your child was injured due to it there is a possibility that you have grounds to file a lawsuit for medical malpractice. Your lawyer will decide if to accept a settlement or proceed to trial. A trial will involve presenting your case in front of an impartial jury and a judge. Trial The brachial plexus is a set of nerves that run from the spine to the shoulder and arms. If erb's palsy law firm hayward pull a baby too hard during the delivery process, this can damage the nerves and lead to Erb's palsy. Families may receive compensation for treatment and other costs when they win a lawsuit. The first step is to schedule a consultation with an Erb's palsy lawyer and determine whether your child's injuries were the result of medical negligence at the time of birth. Your lawyer will examine the medical records of your child as well as other evidence to determine if malpractice was to blame for their injury. If you and your legal team agree that negligence is to blame, they will make a complaint to the court. The defendants are given 30 days to respond. During this period both legal teams will collect more evidence to back their arguments including personal accounts and expert reports from witnesses. Both legal teams will then attempt to reach an agreement. If the two sides are unable to reach a resolution the case will be heard in front of jurors and a judge.