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How an Erb's Palsy Lawsuit Can Ease Financial Burdens Parents of children suffering from Erb's syndrome face huge medical expenses throughout the course of their child's life. A successful brachial-plexus lawsuit may help ease financial burdens. The legal procedure of filing an erb's palsy lawsuit can be complicated and requires experienced malpractice lawyers in AZ. Each case is unique, however the majority follow a pattern. Medical Records When a lawyer investigates an Erb's Palsy lawsuit, they first examine all medical records. These documents will be used when determining how much compensation a client might receive. This can be used to pay future medical bills for surgeries, physical therapy and other treatment options for the child's injuries. A lawyer will also take into consideration the future economic loss that could result from the child's injuries. These could include the loss of wages, caregiving costs and other expenses. A skilled malpractice attorney can calculate the possible damages for the client. Erb's Palsy is a condition that occurs when the brachial-plexus nerves become stretched or damaged during labor. It is one of the most common birth injuries, and is often preventable. Doctors who do not adhere to accepted guidelines for care during birth can be held liable for medical negligence. This kind of negligence includes: inability to perform C-sections as well as pulling too much on shoulders or head, and improper usage of tools such as forceps. Interviews with Experts The brachial nerve plexus is a set of nerves that controls arm movement. Erb's Palsy can be caused by pulling the arm, neck or shoulder too hard. The injury can affect the quality of life of newborns and they may not be able to take part in certain sports or perform day-to-day things like buttoning a shirt. The vast majority of Erb's palsy cases result from medical negligence during childbirth. Doctors who use the incorrect type of delivery tool or use too much force during vaginal or c-section birth can stretch or tear the baby's trachea tube, resulting in injury. In the event of a case, compensation may be available for future and past medical expenses related to the injury. You may also seek damages for lost wages and other economic losses. In addition, you can make a claim for suffering and pain. It is important to choose a lawyer with experience handling birth trauma cases. The lawyer will ensure that you receive all the damages you deserve. Gathering Evidence A successful Erb's-Palsy lawsuit could result in compensation to pay the costs of medical expenses, future treatment needs, and other damages. There is no way to cover the cost of a child's injury. However being able to hold medical professionals accountable and winning compensation can give families a sense of control over their life. During this phase of the lawsuit, your lawyer will collaborate with experts to examine medical records and determine if negligence was the cause of the injury. It could be necessary to obtain other documents, witness depositions and many more. If the lawyers have enough evidence to prove that a doctor was negligent, they will typically attempt to negotiate a settlement out of the court. This will allow families to receive compensation faster and also avoids the possibility that a verdict in a trial could be overturned by an appeal. However, if a settlement is not possible the attorney will prepare for a trial. In a court trial a jury or judge will hear the arguments of both parties and decide whether the healthcare professional acted in a reasonable way under the circumstances. Making a Complaint If the case is successful, depending on the outcome of the case, you may be awarded compensation to be used to pay for your child's treatment. A successful lawsuit could allow you to put your money toward rehabilitation and assistive devices for your child. If you suspect that medical negligence is a cause of your child's Erb palsy, it's important to speak to an experienced lawyer immediately. Your lawyer will submit the complaint on your behalf. The defendant will then have a specified amount of time to reply to your lawyer, and you may seek additional expert opinions. Your attorney will use the information gathered during this phase to determine whether the doctor you saw committed malpractice. If your doctor did not follow his education to recognize the risk factors and your child was injured as a result of it there is a possibility that you have grounds to pursue a claim based on medical malpractice. erb's palsy attorneys naperville will then determine if to settle the case or go to trial. A trial is the process of presenting your case in front of the jury and a judge. Trial The brachial plexus is a group of nerves that run from the spine to the shoulder and arms. If medical experts pull an infant too hard during the delivery process, this can damage the nerves and cause Erb's palsy. Families may be compensated for treatment and other expenses in the event of a successful lawsuit. To begin, you should consult with a lawyer to determine if the injuries suffered by your child are due to medical negligence at birth. The lawyer will look over the medical records of your child as well as other evidence to determine whether malpractice is the reason for their injuries. After you and your legal team have decided that you are at fault for the malpractice then they will submit a complaint to the court. The defendants be given a period of 30 days to respond. In this time the legal teams of both sides will gather additional evidence in support of their respective sides as well as expert reports and personal testimony from witnesses. Then, both legal teams will try to reach a settlement. If they are not able to agree to a settlement, the case will be tried before an arbitrator and judge.