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How an Erb's Palsy Lawsuit Can Ease Financial Burdens Parents of children suffering from Erb's palsy face enormous medical expenses throughout their child's lifetime. A successful brachial-plexus lawsuit could ease the financial burdens. The legal procedure of filing an erb's-palsy lawsuit is complex and requires experienced malpractice lawyers in AZ. Each case is different, but most follow a similar pattern. Medical Records If a lawyer is investigating an Erb's palsy suit, they first examine all medical records. These documents will be used when determining the amount of compensation that a client may receive. This compensation could be used to pay for the current and future medical expenses for surgeries, physical therapy, and other treatments that are related to the child's injuries. A lawyer will also consider the future economic losses that could occur due to the injury of their child. This could include lost wages, the cost of caregiving as well as other costs. An experienced attorney can estimate all possible damages for the client. Erb's syndrome occurs when brachial plexus nerves are stretched or damaged during labor. It's one of the most frequent birth injuries, and it's often avoidable. Doctors who fail to adhere to the accepted standards of care during the birth can be held liable for medical negligence. Examples of this kind of negligence include: failing to perform C-sections properly, pushing too hard on the shoulders or head as well as inadvertent use of tools, such as forceps. Interviews with experts The brachialplexus is a bundle that controls the movement of the arm. Erb's Palsy is caused by pulling the arm, neck or shoulder too far. The injury can impact the quality of life of a newborn and they may not be able to play certain sports or engage in daily activities such as buttoning a shirt. Medical negligence during childbirth is the reason for the vast majority of cases of Erb's Palsy. Doctors who use the wrong type of delivery equipment or apply excessive pressure during vaginal birth, or a c-section, can stretch or tear a baby's brachial tract which could result in injury. Depending on the circumstances of your case, you could be entitled to an amount of compensation for future and past medical expenses that are related to the injury. Additionally, you can claim damages for lost wages and other economic losses. You may also make a claim based on suffering and pain. It is essential to choose an attorney with experience handling birth trauma cases. The attorney will make sure that you receive all the damages that you deserve. Gathering Evidence A successful Erb's palsy suit could result into compensation for the child's medical costs and future treatment needs, and other damages. A sum of money cannot 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. In this phase of the litigation your lawyer will collaborate with experts to review the medical records and determine if negligence is the reason for the injury. It is also possible to get additional documents, depositions of witnesses, and more. If lawyers are able to gather enough evidence to show that a physician committed malpractice, they usually try to reach an out-of-court settlement. This procedure allows families to receive their compensation faster and eliminates the risk that a judge's decision could be rescinded by appeal. However, if there is erb's palsy lawsuit redding , your attorney will prepare for a trial. In a court trial, jurors or judges will listen to the arguments of both sides and determine if the healthcare professional's actions were reasonable under the circumstances. Filing a Complaint Based on the outcome of the case, you may receive compensation that will assist in the cost of your child's treatment. If you win your lawsuit, you can use the funds to fund physical therapy and assistive equipment for your child. If you believe medical negligence caused your child's Erb's paralysis it is important to speak with an experienced attorney as soon as is possible. Your lawyer will file the complaint on your behalf. The defendant is then given a certain amount of time to reply to your request, and your lawyer can seek additional expert opinions. Your attorney will use the information gathered during this stage to determine if the doctor you saw committed malpractice. If your doctor erred in his education to recognize the risk factor and your child was injured due to it and you are able to prove it, you could be able to file a claim for medical malpractice. Your lawyer will decide if you want to settle the case or to go to trial. A trial is the process of presenting your case before a judge and jury. Trial The brachial plexus is a group of nerves running from the spine to the shoulder and arms. Medical professionals can cause Erb's Palsy by pulling a baby too hard when delivering the baby. A successful lawsuit can award families with compensation to cover treatment and other costs associated with the condition. In the beginning, you should set up a meeting with your attorney to determine if the injuries suffered by your child are the result of medical negligence at birth. Your attorney will examine your child's medical records and other evidence to determine if malpractice was to blame for the injury. After you and your legal team have decided that you are at fault for the malpractice the lawyer will submit a complaint to the court. The defendants will have 30 days to respond. In this time both legal teams will gather more evidence to support their positions, such as expert reports and personal accounts from witnesses. The legal teams will attempt to come to an agreement. If they are not able to resolve the matter, it will go to trial in front of a judge and jury.