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How an Erb's Palsy Lawsuit Can Ease Financial Burdens The medical expenses for parents of children suffering from Erb's palsy are huge. They will continue to be so throughout the child's life. The financial compensation resulting from an effective brachial-plexus lawsuit can help alleviate the financial burden. The legal procedure for filing a lawsuit against erb's paralysis is complex and requires assistance of experienced malpractice attorneys in Arizona. Each case is unique, however most follow a similar pattern. Medical Records A lawyer will look over all medical records while looking into an Erb's palsy lawsuit. These records will be used for determining the amount of compensation the client could receive. The compensation may be used to pay for future and current medical costs for surgery, physical therapy, and other treatments relating to the child's injury. A lawyer will also consider the potential future economic losses that might occur due to the injuries suffered by their child. This could include lost earnings, the cost of caregiving as well as other costs. An experienced attorney will be able to calculate all potential damages for the client. Erb's Palsy is a condition that occurs when the brachial plexus nerves are stretched or damaged during labor. It's one of the most common birth injuries, and is often avoidable. Medical negligence can be charged against doctors who do not adhere to accepted guidelines for the delivery of babies. This type of malpractice could include the inability to perform C-sections and pulling too hard on shoulders or head, and improper use of instruments such as forceps. Interviews with Experts The brachial nerve plexus is a set of nerves that control arm movement. When you forcefully pull your shoulder, neck or arm that strains these nerves can cause damage and lead to Erb's palsy. The injury could impact the quality of life of newborns, as they might not be able do certain sports or do everyday activities such as buttoning a t-shirt. The majority of cases of Erb's Palsy are caused by medical mistakes during childbirth. Doctors who use the wrong type of delivery tool or apply too excessive force during a vaginal or c-section birth could stretch or tear the baby's brachial tube leading to injury. Based on the circumstances of your particular case, you could be entitled to an amount of compensation for future and past medical expenses related to the injury. Additionally, you can claim damages for lost wages and other economic losses. You can also make a claim for suffering and pain. It is recommended to choose an attorney who is experienced dealing with birth trauma cases. The lawyer will ensure that you receive all the compensation you're entitled to. Gathering Evidence A successful Erb’s palsy lawsuit could result in 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 erb's palsy lawyer chula vista held accountable and winning compensation may give families a bit of control over their life. At this point in the litigation the lawyer will work with expert witnesses to analyze the medical records and determine if negligence caused the injury. It may also be necessary to get additional documents witness depositions, and much more. If lawyers are able to gather enough evidence to show that a physician committed malpractice and they are able to reach a non-judicial settlement. This will allow families to receive their compensation sooner and eliminates the risk of a trial verdict being overturned by appeal. If a settlement cannot be reached then your lawyer will prepare you for a trial. In a trial the judge or jury will hear both sides' arguments and decide whether the healthcare professional was acting in a reasonable way under the circumstances. Filing a Complaint Based on the outcome the outcome could award you compensation to help pay for the treatment of your child. A successful lawsuit will allow you to put your money towards physical therapy and assistive devices for your child. If you believe that medical negligence played a role in the Erb's palsy of your child, you should talk to an experienced attorney as soon as possible. Your lawyer will submit the complaint on your behalf. The defendant has a limited time to respond. Your lawyer may also request additional expert reports. Your attorney will make use of the information gathered during this stage to determine whether your doctor acted in a negligent manner. Doctors who deliver babies receive training to identify risk factors, so if your doctor failed to recognize one of these risks and your child suffered injury as a result then you could be able to make a claim for medical malpractice. Your lawyer will decide if you want to accept a settlement, or to pursue a trial. A trial is the process of presenting your case before the jury and a judge. Trial The brachial plexus is a group of nerves that connect the spine to the shoulder and arms. Medical professionals can cause Erb's palsy by pulling the infant too hard when delivering the baby. A successful lawsuit can compensate families to cover the cost of treatment and other expenses associated with the condition. The first step is to set up a meeting with an Erb's lawyer and determine whether your child's injuries are the result of medical negligence during the birth. The lawyer will look over the medical records of your child, as well as other evidence in order to determine if malpractice is to blame for their injuries. If you and your legal team agree that negligence is the cause the lawyers will submit a complaint to court. The defendants have 30 days to respond. During this period each legal team will gather additional evidence in support of their own sides, including expert reports and personal testimonies from witnesses. The legal teams will try to reach an agreement. If they cannot settle, the case will go to trial before jurors and a judge.