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How an Erb's Palsy Lawsuit Can Ease Financial Burdens Parents with children who suffer from Erb's palsy face enormous medical expenses throughout the lifetime of their child. Compensation from an effective brachial plexus lawsuit can ease those financial burdens. The legal procedure of submitting an erb's psy lawsuit can be complicated and requires the expertise of a malpractice lawyer in AZ. Each case is different, but the majority follow a common pattern. Medical Records A lawyer will review the medical records of every patient when investigating an Erb's Palsy lawsuit. These records will be used to determine how much the client could receive in compensation. This compensation could be used to pay for the cost of future and current medical expenses for surgery, physical therapy, and other treatments that are related to the child's injury. A lawyer will also take into consideration the potential economic loss that could result from the injury of their child. These might include lost wages, the cost of caregiving as well as other costs. An experienced malpractice attorney can calculate the possible damages for the client. Erb's palsy happens when the brachial plexus nerves get stretched or damaged during labor. It is one of the most common birth injuries, and is often prevented. Doctors who fail to follow the accepted standards of care for babies during birth could be held accountable for medical negligence. Some examples of malpractice include: failure to perform a C-section, pulling too hard on the head or shoulders, and inappropriate use of tools such as forceps. Interviews with Experts The brachial plexus is a group of nerves that controls movement of the arm. Erb's spalsy can occur by pulling the arm, neck or shoulder too hard. The injury could affect the quality of life of a newborn, because they may not be able to participate in certain activities or sports such as buttoning a t-shirt. erb's palsy lawyer maine during childbirth is the reason for the vast majority of Erb’s palsy cases. Doctors who use the wrong type of delivery tools or apply excessive pressure during vaginal birth or c-section can stretch or tear the brachial muscles of babies and cause an injury. In the event of a case there may be compensation available for past and future medical costs related to the injury. You may also claim damages if you have lost wages or suffered any other economic losses. Additionally, you can make a claim for pain and suffering. It is important to choose an attorney who has experience in handling birth trauma cases. The attorney will make sure that you get all the damages that 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 as well as other damages. Although no amount of money can make up the cost of a child's injury making medical professionals accountable and obtaining compensation can help families get back some control over their lives. During this stage of the litigation, your lawyer will work with experts who will analyze the medical records and determine if negligence is the reason for the injury. It is also possible to obtain additional documents, depositions of witnesses, and more. When lawyers have enough evidence to prove that the physician was negligent, they usually try to negotiate an out-of-court settlement. This process allows families to receive their compensation faster and reduces the chance that a verdict from a trial could be overturned by an appeal. However, if the settlement is not feasible, your attorney will prepare for a trial. In a trial an impartial jury or judge will listen to both parties' arguments and decide if the healthcare professional behaved in a reasonable manner in the circumstances. The process of filing a complaint Depending on the outcome of the case, you could be awarded a compensation amount that can be used to pay for your child's treatment. A successful lawsuit will permit you to use your funds toward physical therapy and assistive devices for your child. If you suspect that medical negligence played a role in your child's Erb's syndrome 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 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 the extent to which your doctor was negligent. If your doctor did not follow his training to identify an issue that could be a risk and your child suffered injuries as a result there is a possibility that you have grounds to file a lawsuit for medical malpractice. Your lawyer will decide whether to accept a settlement or to proceed to trial. A trial would require you to present your case in front of jurors and a judge. Trial The brachial plexus is a set of nerves which run from the spine to the shoulder and arms. Medical professionals can cause Erb's Palsy by pulling a baby too hard when they deliver the baby. Families may be compensated for treatment and other costs in the event of a successful lawsuit. The first step is to set up a meeting with an Erb's Palsy lawyer and determine if your child's injuries were caused by 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 was to blame for their injury. Once you and your legal team have agreed that you are at fault for the malpractice then they will make a court complaint. The defendants have 30 calendar days to respond. In this period the legal teams will collect more evidence to support their positions including expert reports and personal accounts from witnesses. Then the legal teams will work to reach a settlement. If they are unable to resolve the matter, it will be tried before an arbitrator and judge.