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How an Erb's Palsy Lawsuit Can Ease Financial Burdens The medical costs for parents of children with Erb's Palsy are enormous. They will remain so throughout the entire life of the child. Compensation from an effective brachial plexus lawsuit can ease those financial burdens. The legal process of submitting an erb's palsy lawsuit is complex and requires the expertise of a malpractice lawyer in AZ. Each case is different, but the majority follow a pattern. Medical Records A lawyer will go through all medical records while investigating a lawsuit for Erb's Psy. These records will be used in determining the amount of compensation the client could receive. This money can be used to pay for future and current medical costs for physical therapy, surgery, and other treatments that are related to the child's injury. A lawyer also takes into account the future economic losses that may result from the injuries sustained by their child. This could include lost wages, costs for caregiving as well as other costs. A seasoned malpractice attorney can estimate the possible damages for a client. Erb's palsy occurs when the brachial plexus nerves get stretched or damaged during labor. It is one of the most common birth injuries, and it's often avoidable. Medical negligence can be charged against doctors who fail to follow accepted standards of care when they deliver an infant. This kind of malpractice can include the inability to perform C-sections or pulling too hard on the head or shoulders, and improper use of instruments like forceps. Interviews with Experts The brachialplexus is a bundle which controls the movement of the arm. A forceful pull on the neck, shoulder or arm that strains these nerves could cause injury and even Erb's palsy. The injury can affect the quality of life for a newborn since they may not be able to participate in certain sports or daily activities like buttoning a t-shirt. Medical negligence during childbirth is the cause for the vast majority of the cases of Erb's palsy. Doctors who use the wrong delivery tools or apply excessive pressure during a vaginal birth, or a c-section, can stretch or tear the brachial muscles of babies, resulting in an injury. Based on the circumstances of your case, compensation may be available for future and past medical costs related to the injury. You can also recover damages if you've lost wages or suffered other economic losses. You can also make a claim based on pain and suffering. It's important that you choose an attorney with experience handling birth trauma cases. The attorney will make sure that you are compensated for all compensation you're entitled to. Gathering Evidence A successful lawsuit for Erb's palsy could result in compensation for the costs of medical expenses as well as future treatment requirements, and other damages. While no amount will compensate for a child's injury, making medical professionals accountable and winning compensation can help families gain back some control over their lives. In this phase of the litigation your lawyer will work with experts to review the medical records and determine if negligence was the cause of the injury. It is possible to obtain other documents, witness depositions, and much more. When lawyers have enough proof to prove that a medical professional was negligent and they are able to reach a non-judicial settlement. This allows families to receive their compensation faster and avoids the possibility that a judge's decision could be overturned through an appeal. If a settlement is not possible then your lawyer will prepare for a trial. In the course of a trial the judge or jury will listen to both parties arguments and determine if the healthcare professional was acting in a reasonable way in the circumstances. Making a Complaint If the case is successful, depending on the outcome of the case, you could receive compensation that will be used to pay for your child's treatment. A successful lawsuit will allow you to put your money toward physical therapy and assistive devices for your child. If you believe that medical negligence caused the Erb's palsy of your child then you must speak to an experienced attorney as soon as you can. Your lawyer will file the complaint on your behalf. The defendant will have a limited time to respond. erb's palsy law firm dayton can also request additional expert reports. Your attorney will make use of the data gathered during this process to determine the extent to which your doctor was negligent. If your doctor did not follow his training to identify the risk factor and your child was injured due to it and you are able to prove it, you could be able to file a claim for medical malpractice. Your lawyer will then determine if to accept a settlement or pursue a trial. A trial is the process of the presentation of your case to a judge and jury. Trial The brachialplexus is an accumulation of nerves which runs from the spine all the way to the shoulder and arm. When medical professionals pull a baby too hard during delivery it can cause damage to the nerves and lead to Erb's palsy. A successful lawsuit can award families with compensation to cover the cost of treatment and other expenses related to the condition. The first step is to schedule a consultation with an Erb's palsy lawyer and determine whether your child's injuries were the result of medical negligence during birth. Your attorney will review the medical records of your child, as well as other evidence to determine if negligence is to blame for their injuries. 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 back their arguments including expert reports and personal accounts from witnesses. The legal teams will attempt to come to an agreement. If the two sides are not able to reach an agreement the case will be tried in front of jurors and a judge.