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How an Erb's Palsy Lawsuit Can Ease Financial Burdens The medical expenses for parents of children with Erb's palsy are huge. They will continue to be so throughout the entire life of the child. A successful brachial-plexus lawsuit may ease financial burdens. The legal procedure of submitting an erb's psy lawsuit is a complex one and requires the expertise of a malpractice lawyer in AZ. Each case is different, but the majority follow the same pattern. Medical Records A lawyer will look over all medical records while investigating an Erb's Palsy lawsuit. These records are used to determine how much a plaintiff could receive in compensation. The compensation may be used to pay for future and current medical expenses for surgeries, physical therapy, and other treatments relating to the child's injury. A lawyer will also consider the potential economic losses which could arise from the injuries suffered by their child. This could include lost wages, costs for caregiving as well as other costs. A seasoned malpractice attorney will be able to estimate all possible damages for the client. Erb's spalsy occurs when brachial-plexus nerves become stretched or damaged during labor. It's one of the most frequent types of birth injuries, and is usually prevented. Doctors who don't adhere to the accepted standards of care for babies during birth can be held liable for medical negligence. Examples of this kind of malpractice include: failing to perform C-sections properly, pushing too hard on the head or shoulders, and inadvertent use of tools, such as forceps. Interviews with experts The brachial nerve plexus is a set of nerves that regulates arm movement. Forceful pulling on the shoulder, neck or arm that causes nerves to stretch can cause injury and even Erb's palsy. The injury can affect the quality of life for a newborn, as they may not be able to play certain sports or do day-to-day things like buttoning a shirt. The vast majority of cases of Erb's palsy are caused by medical mistakes during childbirth. Doctors who use the incorrect kind of delivery tool or apply too excessive force during a vaginal birth or a c-section can stretch or tear the baby's brachial tube resulting in injury. Depending on the circumstances of your case, you may be entitled to an amount of compensation for future and past medical expenses related to the injury. You may also be able to claim damages for lost wages and other economic losses. You may also file a claim based on pain and suffering. erb's palsy lawsuit hawthorne is recommended to choose an attorney who has experience dealing with birth trauma cases. The attorney will make sure that you are compensated for all damages you deserve. Gathering Evidence A successful Erb's Palsy lawsuit could result in compensation to cover the cost of a child's medical bills and future needs for treatment and other damages. While no amount of money will be able to compensate the cost of a child's injury holding medical professionals accountable and obtaining compensation can help families gain back control of their lives. In this phase of lawsuit, your lawyer will collaborate with experts to analyze medical records and determine if negligence was the cause of the injury. It may also be necessary to obtain additional documents witness depositions, and many more. Once the lawyers have enough evidence to prove that the physician was negligent they typically try to negotiate an out-of-court settlement. This method 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 the settlement is not feasible then your lawyer will prepare for a trial. In a court trial, a jury or judge will listen to the arguments of both parties and determine if the healthcare professional acted in a reasonable way in the context of the situation. Making a complaint Depending on the outcome of the case, you may receive compensation that will be used to pay for your child's treatment. A successful lawsuit will permit you to use your funds towards physical therapy and assistive devices for your child. If you suspect that medical negligence caused your child's Erb palsy, it's essential to consult an experienced lawyer immediately. Your lawyer will file the complaint on your behalf. The defendant will then have a certain period of time to respond to your lawyer, and you may require additional expert reports. Your lawyer will use the data gathered during this process to determine the extent to which your doctor was negligent. Doctors who deliver babies are trained to identify risk factors so if your doctor failed to recognize a risk and your child suffered injury as a result it could be possible to pursue a medical malpractice claim. Your lawyer will decide whether to accept a settlement or to pursue a trial. A trial would involve presenting your case before a judge and jury. Trial The brachial plexus is a group of nerves which run from the spine to the shoulders and arms. If medical experts pull an infant too much during birth, this can damage the nerves, causing Erb's palsy. Families may be compensated for medical treatment and other expenses in the event of a successful lawsuit. The first step is to schedule a consultation with an Erb's Palsy lawyer and determine whether your child's injuries were caused by medical negligence in the birth. Your attorney will examine your child's medical records and other evidence to determine whether negligence was the primary reason for the injury. After you and your legal team have decided that the malpractice was at fault, they will file a lawsuit in court. The defendants have 30 calendar days to respond. During this period, both legal teams will gather more evidence to the defense of their respective sides which could include expert reports as well as personal testimony from witnesses. The legal teams will attempt to reach an agreement. If they fail to settle, the case will be heard before the jury and a judge.