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How an Erb's Palsy Lawsuit Can Ease Financial Burdens The medical costs for parents of children who suffer from Erb's palsy are huge. They will remain so throughout the lifetime of the child. The benefits of an effective brachial plexus lawsuit could ease the financial burden. The legal procedure of filing an erb's-palsy lawsuit is complicated and requires the expertise of a malpractice lawyer in AZ. Each case is unique, but most follow a similar pattern. Medical Records If a lawyer is investigating an Erb's palsy suit, they will first review all medical records. These records will be used for determining the amount of compensation the client could receive. This money can be used to cover future medical expenses for physical therapy, surgeries, and other treatment options for the child's injuries. A lawyer also takes into account the economic damages that could occur due to the injuries suffered by their child. These could include expenses for caregiving, lost wages as well as other costs. A skilled malpractice attorney can calculate the possible damages for the client. Erb's Palsy is a condition that occurs when the brachial plexus nerves are stretched out or damaged during labor. It is one of the most frequent birth injuries and is often avoidable. Doctors who fail to adhere to accepted standards of care during the birth are liable for medical negligence. This kind of negligence includes: inability to perform C-sections and pulling too hard on shoulders or head, and improper use of instruments like forceps. Interviews with Experts The brachialplexus nerve is a bundle that regulates the movement of the arm. The forceful pulling of the shoulder, neck or arm that strains these nerves could cause damage and result in Erb's palsy. The injury can affect the quality of life for a newborn, as they may not be able to participate in certain sports or perform day-to-day things like buttoning a shirt. Medical negligence during childbirth is responsible for the majority of cases of Erb's Palsy. Doctors who use the wrong delivery tools or apply excessive pressure during a vaginal birth or csection could stretch or tear a baby's brachial tract, resulting in an injury. Depending on your case, compensation may be 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 make a claim based on pain and suffering. You should choose an attorney who has experience in handling birth trauma cases. The lawyer will make sure that your claim will be able to cover all of the compensation you're entitled to. Gathering Evidence A successful case in the Erb's Palsy suit could result in compensation for the child's medical costs and future medical needs and other damages. No amount of money can compensate for a child’s injury. However having medical professionals held accountable and obtaining compensation could give families a sense of control over their life. During this phase of lawsuit, your lawyer will collaborate with experts to analyze medical records and determine if negligence caused the injury. It is possible to obtain other documents, witness depositions, and many more. If lawyers are able to gather enough proof to prove that a doctor was negligent they typically try to negotiate a settlement outside of court. This allows families to receive compensation quicker and also eliminates the possibility that a judge's decision could be rescinded by appeal. However, if it is not possible to settle the case then your lawyer will prepare for a trial. In a trial in a courtroom, the judge or jury will listen to the arguments of both parties and decide if the healthcare professional was acting in a reasonable manner under the circumstances. Filing a Complaint If the case is successful, depending on the outcome of the case, you may be awarded compensation to be used to pay for your child's treatment. If you prevail in your lawsuit, you can use the funds to pay for aidive equipment and physical therapy for your child. If you suspect medical negligence was a factor in your child's Erb palsy, it's important to speak to an experienced attorney as soon as possible. Your lawyer will file the complaint on your behalf. The defendant has a limited time to respond. Your lawyer may also request additional expert reports. Your lawyer will use the information gathered in this phase to determine if your doctor committed malpractice. Doctors who deliver babies are trained to identify risk factors, therefore if your doctor failed to recognize a risk and your child suffered an injury due to the negligence then you could be able to file a medical malpractice claim. Your lawyer will decide if to accept a settlement or pursue a trial. A trial is the process of presenting your case before the jury and a judge. Trial The brachial plexus is a set of nerves that run from the spine to the shoulder and arms. When medical professionals pull a baby too hard during the delivery process it could damage the nerves and cause Erb's palsy. A successful lawsuit can be awarded to families compensation to cover medical as well as other costs related to the condition. The first step is to schedule a meeting with an Erb's Palsy lawyer and determine if your child's injuries were caused by medical negligence during birth. Your attorney will review the medical records of your child and other evidence to help you decide whether negligence was the primary reason for the injury. Once you and your legal team are of the same mind that malpractice is the cause the lawyers will submit a complaint to the court. The defendants have 30 days to respond. In this time the legal teams will obtain more evidence to back their arguments for example, expert reports and personal accounts from witnesses. The legal teams will try to reach an agreement. If erb's palsy lawsuit greenville are not able to resolve the matter, it will be tried in front of an arbitrator and judge.