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How an Erb's Palsy Lawsuit Can Ease Financial Burdens The medical costs for parents of children suffering from Erb's psy are staggering. They will continue to be so throughout the entire life of the child. A successful lawsuit involving brachial plexus may help alleviate financial burdens. The legal process to file a lawsuit for erb's paralysis is complex and requires assistance of a skilled malpractice lawyer in Arizona. Each case is unique, however most follow a similar pattern. Medical Records If a lawyer is investigating an Erb's palsy lawsuit, they will first go through all medical records. These records are used to determine how much a person could be entitled to compensation. The compensation may 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 take into account the potential economic losses that could result from the child's injuries. These could include the loss of wages, caregiving costs and other costs. An experienced malpractice attorney will be able to estimate all the potential damages for a client. Erb's spalsy occurs when brachial plexus nerves are stretched out or damaged during labor. It's among the most frequent birth injuries, and it's often preventable. Doctors who don't follow the accepted guidelines for care during birth can be held liable for medical negligence. Some examples of this type of malpractice include: failure to perform C-sections, pulling too hard on the head or shoulders and the misuse of tools such as forceps. Interviews with Experts The brachialplexus is a nerve that regulates the movement of the arm. A forceful pull on the shoulder, neck or arm that strains these nerves can cause injury and even Erb's palsy. The injury can affect the quality of life for a newborn because they may not be able to participate in certain sports or everyday activities like putting on a t-shirt. Medical negligence during childbirth accounts for the vast majority of Erb’s palsy cases. Doctors who use the wrong type of delivery equipment or apply excessive pressure during a vaginal birth, or a c-section, can stretch or tear a baby's brachial plexus and cause an injury. In the event of a case depending on your situation, compensation may be available for future and past medical expenses related to your injury. You may also be entitled to damages if you have lost wages or suffered any other economic losses. You may also make a claim based on suffering and pain. It's important that you choose an attorney with experience in birth trauma cases. The lawyer will ensure that you get all the damages you are entitled to. Gathering Evidence A successful case in the Erb's Palsy suit could result into compensation for the child's medical costs and future treatment needs, and other damages. No amount of money can be enough to compensate for the injuries a child has suffered. However the process of holding medical professionals accountable and gaining compensation can provide families with some control over their lives. In this phase of the litigation the lawyer will work with experts to review the medical records and determine if negligence was the cause of the injury. It could be necessary to obtain additional documents, witness depositions and more. Once the lawyers have enough evidence to prove that a doctor has committed malpractice The lawyers usually attempt to negotiate a settlement of the court. This will allow families to receive compensation quicker and reduces the chance that a verdict in a trial could be invalidated by an appeal. If it is not possible to settle the case the attorney will prepare for a trial. In a court trial a jury or judge will listen to the arguments of both parties and decide whether the healthcare professional's actions were reasonable in the context of the situation. Filing a Complaint Based on the outcome If the case is successful, you could receive an amount of money to help with the treatment of your child. If you prevail in your lawsuit, you could use the money to fund rehabilitation equipment and physical therapy for your child. If you suspect medical negligence is a cause of your child's Erb palsy, it's crucial to consult an experienced lawyer immediately. Your lawyer will file a lawsuit on your behalf. The defendant will then have a certain amount of time to respond and your lawyer may need to request additional expert reports. Your lawyer will use the information gathered during this stage to determine if your doctor acted in a negligent manner. If your doctor erred in his education to recognize the risk factor and your child suffered injuries because of it there is a possibility that you have grounds to pursue a claim based on medical malpractice. Your lawyer will decide whether or not to settle the case or to proceed to trial. A trial will involve presenting your case before a judge and jury. Trial The brachialplexus comprises a set of nerves that run from the spine up to the shoulder and arm. If medical experts pull an infant too hard during delivery it can cause damage to the nerves, causing Erb's palsy. A successful lawsuit can award families with compensation to cover the cost of treatment and other costs associated with the condition. To begin, you must consult with a lawyer to determine if the injuries suffered by your child result from medical negligence at birth. Your lawyer will look over your child's medical records and other evidence to help you decide whether negligence was the primary reason for the injury. Once erb's palsy lawyer laguna niguel and your legal team have agreed that malpractice is at fault and they submit a complaint to the court. The defendants then be given a period of 30 days to respond. During this period the legal teams of both sides will gather more evidence in support of their respective sides as well as expert reports and personal testimony from witnesses. The legal teams will attempt to reach an agreement. If the two sides are not able to reach a resolution then the case will be heard in front of the jury and judge.