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How an Erb's Palsy Lawsuit Can Ease Financial Burdens Parents of children suffering from Erb's syndrome face huge medical expenses throughout the lifetime of their child. The financial compensation resulting from a successful brachial plexus lawsuit can help alleviate the financial burden. The legal process for filing a lawsuit for erb's paralysis is complicated and requires the assistance of a seasoned malpractice attorney in Arizona. Each case is different, but the majority of cases follow a similar pattern. Medical Records A lawyer will look over all medical records when investigating an Erb's Palsy lawsuit. These records are used to determine the amount a plaintiff could receive in compensation. This compensation can help cover future medical expenses for surgeries, physical therapy, and other treatment options for the child's injuries. A lawyer will also take into account the potential future economic losses which could arise from the child's injuries. These could include the loss of wages, caregiving costs and other expenses. An experienced attorney for malpractice can calculate the possible damages for a client. Erb's palsy occurs when the brachial plexus nerves are stretched or damaged during labor. It's one of the most commonly occurring types of birth injuries and is typically avoidable. Medical negligence can be a charge against doctors who fail to adhere to accepted standards of care when delivering a baby. This kind of negligence includes the failing to perform C-sections properly or pulling too hard on shoulders or head, and improper usage of tools like forceps. erb's palsy attorneys mesquite with experts The brachial nerve plexus is a set of nerves that controls arm movement. A forceful pull on the arm, shoulder or neck that strains these nerves can cause injury and even Erb's palsy. The injury can negatively impact the quality of life of a newborn, as they may not be able to take part in certain sports or perform day-to-day things like buttoning a shirt. Medical negligence during childbirth is responsible for the vast majority of cases of Erb's palsy. Doctors who use the wrong type of delivery tool or use too much force during vaginal or c-section birth could stretch or tear the baby's trachea tube, resulting in injury. Based on the circumstances of your case, you may be entitled to compensation for past and future medical expenses related to the injury. You may also seek damages for lost wages and other economic losses. You can also bring a claim for pain and suffering. It is recommended to choose an attorney who has experience in handling birth trauma cases. The lawyer will ensure that you are compensated for all damages that you deserve. Gathering Evidence A successful Erb's-Palsy lawsuit could result in compensation that covers the cost of a child's medical expenses and future treatment needs and other damages. While no amount of money will be able to compensate the cost of a child's injury holding medical professionals accountable and obtaining compensation can help families gain back some control over their lives. During this phase of litigation the lawyer will work with expert witnesses to analyze the medical records and determine if negligence was the cause of the injury. It is also possible to get additional documents and depositions of witnesses and many more. If lawyers have enough evidence to prove that a doctor committed malpractice, they will typically attempt to negotiate a settlement of the court. This process allows families to receive their compensation faster and avoids the possibility that a court verdict could be rescinded through an appeal. If it is not possible to settle the case the attorney will prepare for a trial. In a trial the 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 In the event of a successful outcome depending on the outcome, you could receive compensation to help pay for the treatment of your child. A successful lawsuit will allow you to use your funds toward rehabilitation and assistive devices for your child. If you think that medical negligence caused your child's Erb's palsy and you believe that medical negligence was the cause, you should speak to an experienced attorney as soon as you can. Your lawyer will make the complaint on your behalf. The defendant will then be given a specific period of time to respond, and your lawyer may request additional expert reports. Your attorney will use the data gathered during this phase to determine whether your doctor was negligent. If your doctor erred in his training to identify an issue that could be a risk and your child was injured because of it, you may have grounds to bring a claim for medical malpractice. Your lawyer will decide if to accept a settlement, or to proceed to trial. A trial involves presenting your case in front of an impartial jury and a judge. Trial The brachial is a group of nerves which run from the spine to the shoulder and arms. Medical professionals can cause Erb's Palsy by pulling the infant too hard when delivering the baby. Families can receive compensation for medical treatment and other expenses when they win a lawsuit. In the beginning, you should schedule a consultation to determine if the injuries suffered by your child result from medical negligence at the time of birth. Your lawyer will look over your child's medical records as well as other evidence to help you decide whether negligence was the primary reason for the injury. After you and your legal team agree that malpractice is at fault the lawyer will submit a complaint to the court. The defendants will have approximately 30 days to respond. During this period both legal teams will obtain more evidence to support their sides for example, personal accounts and expert reports from witnesses. Both legal teams will then attempt to reach an agreement. If they are unable to settle, the case will be heard in front of jurors and a judge.