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How an Erb's Palsy Lawsuit Can Ease Financial Burdens Parents with children who suffer from the condition Erb's palsy have to pay huge medical expenses throughout the lifetime of their child. A successful lawsuit involving brachial plexus may help ease financial burdens. The legal process to file an action against erb's paralysis is complicated and requires the assistance of experienced malpractice attorneys in Arizona. Each case is different however, the majority of cases follow a similar pattern. Medical Records If a lawyer is investigating an Erb's palsy lawsuit, they first look over all medical records. These records will be used to determine how much the client could receive in compensation. The compensation may be used to cover the cost of future and current medical expenses for surgical, physical therapy and other treatments related to the child's injury. A lawyer will also take into consideration the future economic loss that could result from the injury of their child. These could include lost wages as well as the cost of caring for as well as other costs. An experienced malpractice attorney can calculate the possible damages for the client. Erb's Palsy occurs when the brachial plexus nerves are stretched out or damaged during labor. It's one of the most common types birth injuries, and is usually avoidable. Doctors who don't adhere to accepted standards of care during delivery can be held accountable for medical negligence. Examples of this type of malpractice include: failure to perform C-sections properly, pushing too hard on the shoulders or head, and improper use of tools like forceps. Interviews with Experts The brachial plexus is a bundle of nerves that controls movement of the arm. Erb's Palsy can be caused by pulling the arm, neck or shoulder too hard. The injury can impact the quality of life for a newborn because they may not be able to perform certain sports or do everyday activities like buttoning a t-shirt. The majority of cases of Erb's syndrome result from medical negligence during childbirth. Doctors who make the wrong kind of delivery device or use too much force during a vaginal or c-section birth can stretch or tear the baby's brachial tube, leading to injury. Depending on the circumstances of your case you may be entitled to an amount of compensation for future and past medical expenses that are related to the injury. Additionally, you can claim damages if you have lost income or suffered other economic losses. In addition, you can seek compensation for pain and suffering. You should select an attorney who is experienced in handling cases involving birth trauma. The attorney will ensure that your claim is accounted for in full of the damages you're entitled to. Gathering Evidence A successful case in the Erb's Palsy suit could result in a settlement for a child’s medical expenses, future needs for treatment, and other damages. The amount of money you pay will not be enough to compensate for the injuries a child has suffered. However, holding medical professionals responsible and gaining compensation can provide families with some control over their lives. 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. erb's palsy attorney columbus may also be necessary to obtain additional documents and depositions of witnesses and more. Once the lawyers have enough evidence to prove that a doctor has committed malpractice They will usually try to negotiate a settlement out of the court. This method allows families to receive their compensation faster and avoids the possibility that a judge's decision could be overturned by an appeal. If it is not possible to settle the case, your attorney will prepare for a trial. In the course of a trial an impartial jury or judge will hear both sides arguments and determine whether the healthcare professional behaved in a reasonable manner in the circumstances. Making a complaint Depending on the outcome depending on the outcome, you could receive compensation to help pay for the treatment of your child. A successful lawsuit could allow you to put your money toward rehabilitation and assistive devices for your child. If you suspect medical negligence is a cause of your child's Erb palsy, it is important to speak with an experienced lawyer immediately. Your lawyer will submit the complaint on your behalf. The defendant is then given a certain amount of time to respond to your lawyer, and you may seek additional expert opinions. Your attorney will use information gathered in this phase to determine whether your doctor committed malpractice. Doctors who deliver babies receive training to identify risk factors so if the doctor failed to recognize a risk and your child was injured due to the negligence it could be possible to file a medical malpractice claim. Your lawyer will then decide if you want to settle the case or pursue a trial. A trial would involve presenting your case in front of jurors and a judge. Trial The brachial is a group of nerves that run from the spine to the shoulders and arms. Medical experts can cause Erb's -Plasy by pulling a baby too hard when delivering the baby. Families may be compensated for treatment costs and other expenses if they win a lawsuit. To begin, set up a meeting with your attorney to determine if your child's injuries are the result of medical negligence at birth. Your lawyer will go over the medical records of your child and other evidence to help you determine if malpractice was to blame for the injury. After you and your legal team agree that malpractice is to blame then they can submit a complaint to the court. The defendants then have approximately 30 days to respond. In this period the legal teams will collect more evidence to support their claims for example, personal accounts and expert reports from witnesses. Then, both legal teams will attempt to reach a settlement. If the two sides are unable to reach a settlement then the case will be heard in front of an arbitrator and a judge.