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How an Erb's Palsy Lawsuit Can Ease Financial Burdens Parents with children who suffer from Erb's syndrome face huge medical expenses throughout the lifetime of their child. The financial compensation resulting from a successful lawsuit for brachial plexus can help ease the financial burden. The legal process of filing an erb's-palsy lawsuit is complicated and requires a skilled malpractice lawyer in AZ. Each case is unique, but most follow a similar pattern. Medical Records A lawyer will go through all medical records in the course of looking into an Erb's palsy lawsuit. These records will be used to determine the amount the client could receive in compensation. This compensation could help pay for future medical bills for surgery, physical therapy, and other treatments for injuries to the child. A lawyer will also consider the future economic loss that may result from the injuries suffered by their child. This could include lost earnings and caregiving costs as well as other costs. A seasoned malpractice attorney can calculate the possible damages for a client. Erb's palsy happens when the brachial plexus nerves are stretched or damaged during labor. It's among the most commonly occurring types of birth injuries and is often preventable. Medical negligence can be blamed against doctors who do not follow accepted standards of care when delivering an infant. This kind of negligence includes the failure to perform C section procedures, pulling too hard on the head or shoulders and improper use of instruments like forceps. Interviews with Experts The brachialplexus nerve is a bundle which controls the movement of the arm. Erb's Palsy is caused by pulling the arm, neck or shoulder too hard. The injury can affect the quality of life of newborns in that they might not be able to take part in certain sports or engage in daily activities like buttoning their shirt. The vast majority of cases of Erb's palsy result from medical mistakes during childbirth. Doctors who choose the wrong delivery equipment or apply too much pressure during a vaginal birth or c-section can stretch or tear the brachial plexus of a baby and cause an injury. Depending on the circumstances of your situation, you could be entitled to the compensation you deserve for past and future medical expenses arising from the injury. You may also seek damages for lost wages as well as other economic losses. You can also make a claim based on pain and suffering. You should choose an attorney who has experience in handling cases involving birth trauma. The lawyer will ensure that your claim is fully covered by all of the damages you are entitled to. Gathering Evidence A successful Erb's-Palsy lawsuit could result in compensation that covers the costs of medical bills as well as future treatment requirements, and other damages. No amount of money can make up for the injury a child suffered. However being able to hold medical professionals accountable and obtaining compensation could give families a sense of control over their life. During this phase of litigation, your lawyer will work with experts to review the medical records and determine if negligence caused the injury. It is possible to obtain additional documents, witness depositions, and many more. If the lawyers have enough evidence to show that a doctor acted negligently The lawyers will usually attempt to negotiate a settlement out of court. This process allows families to receive compensation quicker and also eliminates the possibility that a verdict from a trial could be overturned through an appeal. However, if there is no settlement option, your attorney will prepare for a trial. In a court case, jurors or judges will hear the arguments of both sides and decide whether the healthcare professional acted in a reasonable way under the circumstances. Filing a complaint In the event of a successful outcome, you could be awarded an amount of money to help with the treatment of your child. A successful lawsuit will allow you to put your money toward rehabilitation and assistive devices for your child. If you think that medical negligence contributed to your child's Erb's palsy then you must speak to an experienced attorney as soon as possible. Your lawyer will file a lawsuit on behalf of you. The defendant has a short time to respond. Your lawyer can also request additional expert reports. Your lawyer will use the data gathered during this process to determine whether your doctor committed malpractice. If your doctor erred in his training to identify the risk factor and your child was injured as a result of it then you could have grounds to file a lawsuit for medical malpractice. Your lawyer will decide whether or not to settle the case or if you want to go to trial. A trial involves the presentation of your case to an impartial jury and a judge. Trial The brachial plexus is a group of nerves which run from the spine to the shoulder and arms. If erb's palsy lawsuit texas pull an infant too hard during the delivery process it could damage the nerves and cause Erb's palsy. A successful lawsuit could provide families with compensation to cover medical as well as other costs related to the condition. The first step is to schedule a consult 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 go over the medical records of your child as well as other evidence to determine whether or not malpractice was responsible for the injury. Once you and your legal team have agreed that you are at fault for the malpractice, they will submit a complaint to the court. The defendants will have approximately 30 days to respond. During this period both legal teams will gather more evidence to support their sides including expert reports and personal accounts from witnesses. Both legal teams will then attempt to reach a settlement. If the two sides are not able to reach a settlement and the case is referred to a judge, it will be heard before an arbitrator and a judge.