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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 benefits of an effective brachial plexus lawsuit can ease those financial burdens. The legal process for filing a lawsuit against erb's paralysis is a complex one and requires the assistance of a seasoned malpractice attorney in Arizona. Each case is unique, however the majority follow a 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 client might receive in compensation. This compensation could be used to cover the cost of future and current medical expenses for surgical, physical therapy and other treatments related to the child's injury. A lawyer will also take into consideration the potential economic loss which could be incurred due to the injuries of their child. This could include lost earnings and caregiving costs as well as other costs. An experienced malpractice attorney will be able to 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 in labor. It's one of the most common birth injuries, and it's often preventable. Medical negligence is a crime that can be brought against doctors who do not follow accepted standards of care when delivering the baby. Examples of this type of negligence include: failing to perform C-sections properly, pushing too hard on the head or shoulders as well as inadvertent use of tools, such as forceps. Interviews with Experts The brachialplexus is a nerve which controls the movement of the arm. Erb's spalsy can occur by pulling the neck, arm or shoulder too hard. The injury could affect the quality of life of newborns in that they might not be able participate in certain sports or engage in daily tasks like buttoning a shirt. Medical negligence during childbirth is the reason for the vast majority of cases of Erb's Palsy. Doctors who choose the wrong type of delivery tools or apply excessive pressure during vaginal birth or c-section may stretch or tear a baby's brachial tract which could result in injury. Depending on your case, compensation may be available for past and future medical expenses resulting from the injury. You can also recover damages if you have lost wages or suffered any other economic losses. In addition, you can seek compensation for pain and suffering. It's important that you choose an attorney who has experience in handling birth trauma cases. The lawyer will ensure that you get all the damages you deserve. Gathering Evidence A successful case in the Erb's Palsy suit could result into compensation for a child’s medical expenses and future treatment needs and other damages. No amount of money can make up for the injury a child suffered. However the process of holding medical professionals accountable and obtaining compensation could provide families with some control over their lives. During this stage of the litigation your lawyer will collaborate with expert witnesses to analyze the medical records and determine if negligence caused the injury. It could be necessary to obtain other documents, witness depositions, and much more. If lawyers are able to gather enough proof to prove that a medical professional was negligent They usually attempt to reach an out-of-court settlement. This allows families to receive compensation quicker and eliminates the risk of a verdict from a trial being overturned in an appeal. If a settlement can't be reached your lawyer will prepare you for the possibility of a trial. In the course of a trial the judge or jury will hear both sides argument and decide if the healthcare professional behaved in a reasonable manner in the circumstances. How to file a complaint Depending on the outcome of the case, you may be awarded a compensation amount that can help pay for your child's treatment. A successful lawsuit will allow you to put your money toward the physical therapy and assistive devices for your child. If you think that medical negligence contributed to your child's Erb's paralysis it is important to speak with an experienced attorney as soon as you can. Your lawyer will file a complaint on your behalf. The defendant will have a limited time to respond. Your lawyer may also request additional expert reports. Your lawyer will use the information gathered during this stage to determine if your doctor committed malpractice. Doctors who deliver babies undergo training to identify risk factors, so if the doctor failed to identify one of these risks and your child was injured as a result it could be possible to make a claim for medical malpractice. Your lawyer will decide if you want to accept a settlement, or to go to trial. A trial involves presenting your case before jurors and a judge. erb's palsy attorneys hemet is a group of nerves running from the spine upwards to the shoulder and arm. When medical personnel pull an infant too hard during the delivery process this can cause damage to the nerves, causing Erb's palsy. A successful lawsuit could provide families with compensation to cover treatment and other costs associated with the condition. The first step is to schedule a consult with an Erb's palsy lawyer and determine if your child's injuries were the result of medical negligence during the birth. Your attorney will review the medical records of your child as well as other evidence to help you determine whether malpractice was the reason for the injury. Once you and your legal team agree that malpractice is to blame the lawyers will file a complaint with the court. The defendants have 30 days to respond. During this period the legal teams will seek out additional evidence to support their sides, such as expert reports and personal accounts from witnesses. Both legal teams will then attempt to reach a settlement. If they fail to settle, the case will go to trial in front of a judge and jury.